'',-'■' y^. ^^ ff -Wx/ // /-^ 'y / y//^ //y'' /^ //////yyy yyy ' Wyy^y ^y y y y yyyy y / ^ y^^^.^ jSU ^1^^^-W^ 7J^3 y •/•/ ^ • y y^ y ly > J y yyyyyyy yy yy yyy yyy y yy , ■ ■ yyyy y ' 'y yyiy if^ ■- yiy y y yy r y y / y y y yyyy y,yyy yyy .. .. r yyyy y^ ,yy y y 'yyyy y/ yy ^ y y y ' /y r yyy y yy y yyyy yyyyy/''^y ^^^ / 'yy^ y,yyyy „ ^y^ y / zyyyM^Mi Ay^^i-y yy y . "yyyii.i'fyyy.. yyy •/iyyy'yyf ... yyi^ y yyy yyy,yyyy'y,y y yyy yyy yy / yy •yss^Ay yyy/ yy yy^ y yy^ ^ y y W^6yyjefy^y..yy^^..y y y ^y yy y yy^' / yy y^yify ■ y y yy y y y y y ytyyy>y y y y // yyy A / yy y • yy yyjr y y A y y/f yy, /ly^ ' ii&.... y yyy,/^ y^ fy, /»>y^'tiy yy y / y^/^y'":! / y/ yy * A .y.. ^ y ,, ■y ' .fy-A y y, tyyyyyy ■■"'•■ y, y'ly 9 Journal, April 11, 1614. '<• Journal, May 21, 1614. !^ Journal, May 12, 21, 1614. 22 Journal, April 18, 1614. 24 HISTOKT OF ENGLAND. with regard to the new impositions. A speech of Neile, Bishop of Lincoln, reflecting on the Lower House, begat some altercation with the Peers ; ^ and the king seized the opportunity of dissolving, immediately, with great indig- nation, a Parliament which had shown so firm a resolution of retrenching his prerogative , without communicating in return the smallest supply to his necessities. He carried his resentment so far as even to throw into prison some of the members who had been the most forward in their opposition to his measures.^^ In vain did he plead, in excuse for this violence, the example of Elizabeth and other princes of the line of Tudor, as well as Plantagenet. The people and the Parliament, without abandoning forever all their liberties and privileges, could acquiesce in none of these precedents, how ancient and frequent soever ; and were the authority of such precedents admitted, the utmost that could be inferred is that the constitution of England was, at that time, an in- consistent fabric, whose jarring and discordant parts must soon destroy each other, and, from the dissolution of the old, beget some new form of civil government more uniform and consistent. In the public and avowed conduct of the king and the House of Commons, throughout this whole reign, there ap- pears sufiicient cause of quarrel and mutual disgust ; yet we are not to imagine that this was the sole foundation of that jealousy which prevailed between them. During debates in the House it often happened that a particular member, more ardent and zealous than the rest, would display the highest sentiments of liberty, which the Commons contented them- selves to hear with silence and seeming approbation ; and the king, informed of these harangues, concluded the whole House to be infected with the same principles, and to be en- gaged in a combination against his prerogative. The king, on the other hand, though he valued himself extremely on his kingcraft, and perhaps was not altogether incapable of dissimulation, seems to have been very little endowed with the gift of secrecy ; but openly, at his table, in all companies, inculcated those monarchical tenets which he had so strongly ' imbibed. Before a numerous audience he had expressed himself with gi'eat disparagement of the common law of England, and had given the preference in the strongest terms fo the civil law ; and for this indiscretion he found himself obliged to apologize in a speech to the former "3 See note [A] at the end of the volume. 2* Kennet, p. 696; HISTOET OF ENGLAlfD. 25 Parliament.'^ As a specimen of his usual liberty of talk, we may mention a story, though it passed some time after, which we meet with in the life of Waller, and which that poet used frequently to repeat. When Waller was young he had the curiosity to go to court ; and he stood in the circle and saw James dine, where, among other company, there sat at table two bishops, Neile and Andrews. The king proposed aloud this question, whether he might not take his subjects' money when he needed it without all this formality of Parliament ? Neile replied, " God forbid you should not, foj- yon are the breath of our nostrils." Andrews declined answering, and said he was not skilled in parlia- mentary cases ; but upon the king's urging him, and saying he would admit of no evasion, the bishop replied pleasantly, " Why, then, I think your majesty may lawfully take my brother Neile's money for he offers it."*^ [1615,] The favorite had hitherto escaped the inquiry of justice ; but he had not escaped that still voice which can make - itself be heard amid all the hurry and flattery of a court, and astonishes the criminal with a just representation of his most secret enormities. Conscious of the murder of his friend, Somerset received small consolation from the enjoyments of love or the utmost kindness and indulgence of his sovei- eign. The graces of his youth gradually disappeared, the gayety of his manners was obscured, his politeness and obliging behavior were changed into sullenness and silence. And the king, whose affections had been engaged by these superficial accomplishments, began to estrange himself from a man who no longer contributed to his amusement. The sagacious courtiers observed the first .symptoms of this disgust. Somerset's enemies seized the opportunity and offered a new minion to the king. George Villiers, a youth of one-and-twenty, younger brother of a good family, re- turned at this time from his travels, and was remarked for the advantages of a handsome person, genteel air, and fashionable apparel. At a comedy, he was purposely placed full in James's eye, and immediately engaged the attention, and in the same instant the affections, of that monarch.^' Ashamed of his sudden attachment, the king endeavored, but in vain, to conceal the partiality which he felt for the handsome stranger ; and he employed all his profound poli- tics to fix him in his service without seeming to desire it. 2B King James's Works, p. 532. '« Preface to Waller's Works. " Franklyn, p. 50. Kennet, vol. ii. p. 698. 26 HISTORY OF ENGLAND. He declared his resolution not to confer any office on him unless entreated by the queen ; and he pretended that it ■should only be in complaisance to her choice he would agree to admit him near his person. The queen was immediately applied to ; but she well knowing the extreme to which the king carried these attachments, refused, at first, to lend her countenance to this new passion. It was not till entreated by Abbot, Archbishop of Canterbury, a decent prelate, and one much prejudiced against Somerset, that she would con- descend to oblige her husband by asking this favor of him.^' And the king, thinking now that all appearances were fully saved, no longer constrained his affection, but immediately bestowed the office of cup-bearer on young Villiers. The whole court was thrown into parties between the two minions ; while some endeavored to advance the rising fortunes of Villiers, others deemed it safer to adhere to the established credit of Somerset. The king himself, divided ■between inclination and decorum, increased the doubt and ambiguity of the courtiers ; and the stern jealousy of the old favorite, who refused every advance of friendship from. his rival, begat perpetual quarrels between their several par- tisans. But the discovei'y of Somerset's guilt in the murder of Overbury at last decided the controversy, and exjjosed him to the ruin and infamy which he so well merited. An apothecary's 'prentice who had been employed in making up the poisons, having retired to Flushing, began to talk very freely of the whole secret ; and the affair at last came to the ears of Trumbal, the king's envoy in the Low Countries. By his means, Sir Ralph Winwood, secretary of state, was informed, and he immediately carried the intelli- gence to James. The king, alarmed and astonished to find such enormous guilt in a man whom he had admitted into his bosom, sent for Sir Edward Coke, chief -justice, and ear- nestly recommended to him the most rigorous and unbiassed scrutiny. This injunction was executed with great industry and severity. The whole labyrinth of guilt was carefully unravelled. The lesser criminals — Sir Jervis Elvis (lieuten- ant of the Tower), Franklin, Weston, Mrs. Turner — were first tried and condemned. Somerset and his countess were afterwards found guilty. Northampton's death, a little before, had saved him from a like fate. It may not be unworthy of remark that Coke, in the trial of Mrs. Turner, told her that she was guilty of the 28 Coke, pp. 46, 4T. Eusliworth, vol. i. p. 456. HISTORY OP ENGLAND. 27 seven deadly sins. She -was a -whore, a bawd, a sorcerer, a ■witch, a Papist, a felon, and a murderer.'^" And what may- more surprise us. Bacon, then attorney-general, took care to observe that poisoning was a popish trick.'*"' Such were the bigoted prejudices which prevailed. Poisoning was not, of itself, sufficiently odious if it were not represented as a branch of popery. Stowe tells us that when the king came to Newcastle, on his first entry into England, he gave lib- erty to all the prisoners except those who were confined for treason, mm-der, and papistry. When one considers these circumstances, that furious bigotry of the Catholics which broke out in the gunpowder conspiracy appears the less sur- prising. All the accomplices in Overbury's murder received the punishment due to their crime ; but the king bestowed a pardon on the principals, Somerset and the countess. It must be confessed that James's fortitude had been highly laudable had he persisted in his first intention of consigning over to severe justice all the criminals; but let us still be- ware of blaming him too harshly if, on the approach of the fatal hour, he scrupled to deliver into the hands of the ex- ecutioner persons whom he had once favored with his most tender affections. To soften the rigor of their fate, after some years' imprisonment, he restored them to their liberty, and conferred on them a pension, with which they retired, and languished out old age in infamy and obscurity. Their guilty loves were turned into the most deadly hatred ; and they passed many years together in the same house without any intercourse or correspondence with each other.^^ Several historians,'^ in relating these events, have in- sisted much on the dissimulation of James's behavior when he delivered Somerset into the hands of the chief-justice ; on the insolent menaces of that criminal ; on his peremptory refusal to stand a trial; and on the extreme anxiety of the king during the whole progress of this affair. Allowing all these circumstances to be true, of which some are suspicious, if not palpably false,'' the great remains of tenderness which James still felt for Somerset may, perhaps, be sufficient to account for them. That favorite was liigh-spirited, and resolute rather to perish than live under the infamy to wnich he was exposed. James was sensible that the par- doning of so great a criminal, which was of itself invidious, » state Trtaas, vol. i. p. 230. " State Trials, toI. i. p. 242. '• Kennet, p. 699. 32 Coke, Weldon, etc. s° Se-j Biogr. Bnt. article Coke, p. 1384. 28 ' HISTOET OF ENGLAND. would become still more unpopular if his obstinate and stubborn behavior on his trial should augment the public hatred against him.^* At least, the unreserved confidence in which the king had indulged his favorite for several years might render Somerset master of so many secrets that it is impossible, without further light, to assign the particular reason of that superiority which, it is said, he appeared so much to assume. The fall of Somerset, and his banishment from court, opened the way for Villiers to mount up at once to the full height of favor, of honors, and of riches. Had James's passion been governed by common rules of prudence, the office of cuj)-bearer would have attached Villiers to his person, and might well have contented one of his age and family; nor would any one, who was not cynically austere, have much censured the singularity of the king's choice in his friends and favorites. But such advancement was far inferior to the fortune which he intended for his minion. In the course of a few years he created him Viscount Villiers ; Earl, Marquis, and Duke of Buckingham ; knight of the garter; master of the horse; chief-justice in eyre; warden of the Cinque Ports ; master of the king's-bench office ; steward of Westminster ; constable of Windsor ; and lord high admiral of England.^^ His mother obtained the title of Countess of Buckingham ; his brother was created Viscount Purbeck; and a numerous train of needy relations were all pushed up into credit and authority. And thus the fond prince, while he meant to play the tutor to his favorite, and to train him up in the rules of prudence and politics, took an infallible method, by. loading him with premature and exorbitant honors, to render him forever rash, precipitate, and insolent. A young minion to gratify with pleasure, a necessitous family to supply with riches, were enterprises too great for the empty exchequer of James. In order to obtain a little money, the cautionary towns must be delivered up to the Dutch — a measure which has been severely blamed by almost all historians ; and I may venture to affirm that it has been censured much beyond its real weight and impor- tance. [1616.] When Queen Elizabeth advanced money for the support of the infant republic, besides the view of securing 3' Bacon, vol. iv. p. 617. '5 Franklyn, p. 30. Clarendon, 8to edit. vol. i. p. 10. HISTOET OF ENGLAND. 29 herself against the power and ambition of Spain, she still reserved the prospect of reimbursement ; and she got con- signed into her hands the three important fortresses of Flush- ing, the Brille, and Rammekins,' as pledges for the money due to her. Indulgent to the necessitous condition of the States, she agreed that the debt should bear no interest ; and she stipulated that if ever England should make a separate peace with Spain, she should pay the troops which garrisoned thoSe fortresses.^^ After the truce was concluded between Spain and the United Provinces, the States made an agreement with the king that the debt, which then amounted to eight hundred thousand pounds, should be discharged by yearly payments of forty thousand pounds ; and as five years had elapsed, the debt was now reduced to six hundred thousand pounds ; and in fifteen years more, if the truce were renewed, it would be finally extinguished.^' But of this sum, twenty-six thousand pounds a year were expended on the pay of the garrisons ; the remainder alone accrued to the king; and the States, weighing these circumsttinces, thought that they made James a very advantageous offer when they expressed their willing- ness, on the surrender of the cautionary towns, to pay him immediately two hundred and fifty thousand pounds, and to incoi'porate the English garrisons in their army. It occurred also to the king that even the payment of the forty thousand pounds a year was precarious, and depended on the accident that the truce should be renewed between Spain and the republic. If war broke out, the maintenance of the garri- sons lay upon England alone — a burden very useless, and too heavy for the slender revenues of that kingdom ; that even during the truce, the Dutch, straitened by other ex- penses, were far from being regular in their payments ; and the garrisons were at present in danger of mutinying for want of subsistence ; that the annual sum of fourteen thou- sand pounds, the whole saving on the Dutch payments, amounted, in fifteen years, to no more than two hundred and ten thousand pounds ; whereas two hundred and fifty thousand pounds were offered immediately — a larger sum, and, if money be computed at ten per cent, (the current in- terest), more than double the' sum, to which England was entitled ; ^^ that if James waited till the whole debt were 30 Eymer, vol. xvi. p. 341. Winwood, toI. li. p. 351. 2' Sir Dudley Cai-leton's Letters, pp. 27, 28. 3^ An annuity of fourteen thousand pounds during iifteen years, money being at ten per cent., is wortli on computation only one hundred and six thousand 30 HISTOEY OF ENGLAND, discharged, the troops which composed the garrisons re- mained a burden upon him, and could not be broken witji- out receiving some consideration for their past services; that the cautionary towns were only a temporary restraint upon the Hollanders, and, in the present emergency, the conjunction of interest between England and the republic was so intimate as to render all other ties superfluous ; and no reasonable measures for mutual support would be want- ing from the Dutch, even though freed from the dependence of these garrisons ; that the exchequer of the republic was at present very low, insomuch that they found difficulty, now that the aids of France were withdrawn, to maintain themselves in that posture of defence which was requisite during the truce with Spain ; and the Spaniards were per- petually insisting with the king on the restitution of these towns as belonging to their crown ; and no cordial alliance could ever be made with that nation while they remained in the hands of the English.^ These reasons, together with his urgent wants, induced the king to accept of Caron's offer ; and he evacuated the cautionary towns, which held the State in a degree of subjection, and which an ambiti- ous and enterprising jjrince would have regarded as his most valuable possessions. This is the date of the full liberty of the Dutch commonwealth. [1617.] When the crown of England devolved on James, it might have been foreseen by the Scottish nation that the independence of their kingdom, the object for which their ancestors had shed so much blood, would now be lost; and that if both states persevered in maintaining separate laws and parliaments, the weaker would more sensibly feel the subjection than if it had been totally sub- dued by force of arms. But these views did not generally occur. The glory of having given a sovereign to their power- ful enemy, the advantages of present peace and tranquillity, the riches acquired from the munificence of their master ; these considerations secured their dutiful obedience to a prince who daily gave such sensible proofs of his friendship and partiality towards them. Never had the authority of any king who resided among them been so firmly established a,s was that of James, even when absent ; and as the admin- istration had been hitherto conducted with great order and Ave hundred pounds, whereas the king received two hundred and lifty tliousand Yet the bargain was good lor the Dutcli as weU as the king, because they were both of them free from the maiuteuaucc of useless garrisons. ™ Kushworth, vol. i. p. 3. HTSTOET OF ENGLAND. 31 tranquillity, there had happened no occurrence to draw thither our attention. But this summer the king was re- solved to pay a visit to his native country, in order to re- new his ancient friendships and connections, and to intro- duce that change of ecclesiastical discipline and government on which he was extremely intent. The three chief points of this kind which James proposed to accomplish by his journey to Scotland were, the enlarging of episcopal author- ity, the establishing of a few ceremonies in public worship, and the fixing of a superiority in the civil above the eccle- siastical jurisdiction. But it is an observation suggested by all history, and by none more than that of James and his successor, that the religious spirit, when it mingles with faction, contains in it something supernatural and unaccountable ; and that in its operations upon society, effects correspond less to their known causes than is found in any other circumstance of government, A reflection which may at once afford a source of blame against such sovereigns as lightly innovate in so dangerous an article, and of apology for such as, being engaged in an enterprise of that natuve, are disappointed of the expected event, and fail in their undertakings. When the Scottish nation was first seized with that zeal for reformation which, though it caused such disturbance during the time, has proved so salutary in the consequences, the preachers, assuming a character little inferior to the pro- phetic or apostolical, disdained all subjection to the spiritual rulers of the Church by whom their innovations were pun- ished and opposed. The revenues of the dignified clergy, RO, longer considered as sacred, were either appi-opriated by the present possessors or seized by the more powerful barons ; and what remained, after mighty dilapidations, was, by act of Parliament, annexed to the crown. The prel- ates, however, and abbots maintained their temporal juris- dictions and their seats in Parliament ; and though laymen were sometimes endowed with ecclesiastical titles, the Church, notwithstanding its frequent protestations to the contrary, was still supposed to be represented by those spiritual lords in the states of the kingdom. After many struggles, the king, even before his accession to the throne of England, had acquired sufficient influence over the Scot- tish clergy to extort from them an acknowledgment of the parliamentary jurisdiction of bishops; though attended with Biany precautions, in order to secure themselves against the 32 HISTOEY OF ENGLAND. spiritual encroachments of that order .^o When King of- England, he engaged them, though still with great reluc- tance on their part, to advance a step further, and to receive the bishops as perpetual presidents or moderators in their ecclesiastical synods, reiterating their protestations against all spiritual jurisdiction of the prelates and all controlling power over the Presbyterians.^^ And by such gradual in- novations the king flattered himself that he should quietly introduce episcopal authority; but as his final scope was fully seen from the beginning, every new advance gave fresh occasion of discontent, and aggravated, instead of softening, the abhorrence entertained against the prelacy. What rendered the king's aim more apparent were the endeavors which, at the same time, he used to introduce into Scotland some of the ceremonies of the Church of Eng- land : the rest, it was easily foreseen, would soon follow. The fire of devotion, excited by novelty and inflamed by opposition, had so possessed the minds of the Scottish re- formers that all rites and ornaments, and even order of wor- ship, were disdainfully rejected as useless burdens ; retai'd- ing the imagination in its rapturous ecstasies, and crami^ing the opei-ations of that divine spirit by which they supposed themselves to be animated. A mode of worship was estab- lished, the most naked and most simple imaginable — one that borrowed nothing from the senses, but reposed itself entirely on the contemplation of that divine essence which discovers itself to the understanding only. This species of devotion, so worthy of the Supreme Being, but so little suit- able to human frailty, was observed to occasion great dis- turbances in the breast, and in many respects to confound all rational principles of conduct and behavior. The mind, straining for these extraordinary raptures, reaching them by short glances, sinking again under its own weakness, reject- ing all exterior aid of pomp and ceremony, was so occupied in this inward life that it fled from every intercourse of so- ciety, andfrom every cheerful amusement which could soften or humanize the character. It was obvious to all discerning eyes, and had not escaped the king's, that, by the prevar lence of fanaticism, a gloomy and sullen disposition estab- lished itself among the people — a spirit obstinate and dan- gerous, independent apd disorderly, animated equally with a contempt of authority and a hatred to every mode of re- ligion, particularly to the Catholic. In order to mellow « 1598. 41 1606. HISTOEY OF ENGLAND. 33 these humors, James endeavored to infuse a small tincture of ceremony into the national worship, and to introduce such rites as might, in some degree, occupy the mind and please the senses, without dejDarting too far from that simplicity by which the Reformation was distinguished. The finer arts, too, though still rude in these northern kingdoms, were em- ployed to adorn the churches ; and the king's chapel, in y which an organ was erected and some pictures and statues displayed, was proposed as a model to the rest of the nation. But music was grating to the prejudiced ears of the Scottish clergy ; sculpture and painting appeai-ed instruments of idolatry ; the surplice was a rag of popery ; and every mo- tion or gesture prescribed by the liturgy was a step towards that spiritual Babylon so much the object of their horror and aversion. Everything was deemed impious but their own mystical comments on the Scriptures, which they idol- ized, and whose Eastern prophetic style they employed in every common occurrence. It will not be necessary to give a particular account of the ceremonies which the king was so intent to establish. Such institutions, for a time, are esteemed either too divine to have proceeded from any other being than the supreme Creator of the universe, or too diabolical to have been de- rived from any but an infernal demon. But no sooner is the mode of the controversy passed than they are univer- sally discovered to be of so little importance as scarcely to be mentioned with decency amid the ordinary course of human transactions. It sufBces here to remark that the rites introduced by James regarded the kneeling at the sac- rament, private communion, private baptism, confirmation of children, and the observance of Christmas, and other fes- tivals.*'^ The acts establishing these ceremonies were after- wards known by the name of the Articles of Perth, from the place where they were ratified by the assembly. A conformity of discipline and worship between the churches of England and Scotland, which was James's aim, he never could hope to establish but by first procuring an acknowledgment of his own authority in all spiritual causes ; and nothing could be more contrary to the practice as well as principles of the Presbyterian clergy. The eccle- siastical courts possessed the power of pronouncing excom- munication ; and that sentence, besides the spiritual conse- quences supposed to follow from it, was attended witti <2 Franklyn, p. 25. Spotewood. Vol. IV.— 3 84 HISTOEY OF ENGLAND. immediate effects of the most important nature. The person excommunicated was shunned by every one as profane and impious ; and his whole estate during his lifetime, and all his movables forever, were forfeited to the crown. Nor were the previous steps requisite before pronouncing this sen- tence, formal or irregular, in proportion to the weight of it. Without accuserj without summons, without trial, any eccle- siastical court, however inferior, sometimes pretended in a summary manner to denounce excommunication for any cause, and against any person, even though he lived not within the bounds of their jurisdiction.*" And by this means the whole tyranny of the Inquisition, though without its order, was introduced into the kingdom. But the clergy were not content with the unlimited juris- diction which they exercised in ecclesiastical matters. They assumed a censorial power over every part of administra- tion ; and in all their sermons, and even prayers, mingling politics with religion, they inculcated the most seditious and most turbulent principles. Black, minister of St. An- drew's, went so far,** in a sermon, as to pronounce all kings the devil's children. He gave the Queen of England the appellation of atheist ; he said that the treachery of the king's heart was now fully discovered ; and, in his prayers for the queen, he used these words : " We must pray for her for the fashion's sake, but we have no cause ; she will never do us any good." When summoned before the privy council, he refused to answer to a civil court for anything delivered from the pulpit, even though the crime of which he was accused was of a civil nature. The Church adopted his cause. They raised a sedition in Edinburgh.*^ The king, during some time, was in the hands of the enraged populace ; and it was not without courage as well as dex- terity that he was able to extricate himself.*" A few days after, a minister, preaching in the principal church of that capital, said that the king was possessed with a devil ; and that one devil being expelled, seven worse had entered in his place.*' To which he added that the subjects might lawfully rise and take the sword out of his hand. Scarcely, even during the darkest night of papal superstition, are there found such instances of priestly encroachments as the annals of Scotland present to us during that period. By these extravagant stretches of power, and by the patient conduct of James, the Church began to lose "-round " Spotawood. " 1596. « Dec. 17, 1596. « SpotBwood. " Ibid. HISTORY OF ENGLAND. 35 even before the king's accession to the throne of England ; but no sooner had that event taken place than he made the Scottish clergy sensible that he had become the sovereign of a great kingdom, which he governed with great authority. Though formerly he would have thought himself happy to have made a fair partition with them of the civil and eccle- siastical authority, he was now resolved to exert a supreme jurisdiction in Church as well as State, and to put an end to their seditious practices. An assembly had been sum- moned at Aberdeen ; *' but, on account of his journey to London, he prorogued it to the year following. Some of the clergy, disavowing his ecclesiastical supremacy, met at the time first appointed, notwithstanding his prohibition. He threw them into prison. Such of them as submitted and acknowledged their error were pardoned. The rest were brought to their trial. They were condemned for high treason. The king gave them their lives, but banished them the kingdom. Six of them suffered this penalty.^' The general assembly was afterwards induced^" to ac- knowledge the king's authority in summoning ecclesiastical courts, and to submit to the jurisdiction and visitation of the bishops. Even their favorite sentence of excommunica- tion was declared invalid unless confirmed by the ordinary. The king recommended to the inferior courts the members whom they should elect to this assembly; and everything was conducted in it with little appearance of choice and liberty.*^ By his own prerogative, likewise, which he seems to have stretched on this occasiori, the king erected a court of high commission,*^ in imitation of that which was estab- lished in England. The bishops, and a few of the clergy who had been summoned, willingly acknowledged this court ; and it proceeded immediately upon business as if its author- ity had been grounded on the full consent of the whole legis- lature. , But James reserved the final blow for the time when he should himself pay a visit to Scotland. He proposed to the Parliament, which was then assembled, that they should enact that " whatever his majesty should determine, in the external government of the Church, with the consent of the archbishops, bishops, and a competent number of the minis- try, should have the force of law." '* What number should « July, 1604. « Spotswood. "o June 6, 1610. 1 Spotswood. B February, 15, 1610. » Spotswood. Franklyn, p. 29. 36 HISTOEY OF ENGLAND. be deemed competent was not determined ; and their nom- ination was left entirely to the king ; so th-at his ecclesiasti- cal authority, had this bill passed, would have been estab- lished in its full extent. Some of the clergy protested. They apprehended, they said, that the purity of their Church would, by means of this new authority, be polluted with all the rites and liturgy of the Church of England. James, dreading clamor and opposition, droijped the bill, which had already passed the lords of articles, and asserted that the inherent prerogative of the crown contained more power than was recognized by it. Some time after, he called at St. Andrew's a meeting of the bishops and thirty-six of the most eminent clergy. Pie there declared his resolution of exerting his prerogative, and of establishing by his own authority the few ceremonies which he had recommended to them. They entreated him rather to summon a general assembly and to gain their assent. An assembly was accord- ingly summoned to meet on the 25th of November ensuing. Yet this assembly, which met after the king's departure from Scotland, eluded all his applications ; and it was not till the subsequent year that he was able to procure a vote for receiving his ceremonies. And through every step of this affair, in the Parliament, as well as in all the general assem- blies, the nation betrayed the utmost reluctance to all these innovations; and nothing but James's importunity and authority had extorted a seeming consent, which was be- lied by the inward sentiments of all ranks of people. Even the few over whom religious prejudices were not prevalent thought national honor sacrificed by a servile imitation of the modes of worship practised in Engl md ; and every pru- dent man agreed in condemning the measures of the king, who, by an ill-timed zeal for insignificant ceremonies, had betrayed, though in an opposite manner, equal narrowness of mind with the persons whom he treated with such con- tempt. It was judged that, had not these dangerous humors been irritated by opposition — had they been allowed peace- ably to evaporate — they would at last have subsided within the limits of law and civil authority ; and that as all fanati- cal religions naturally circumscribe to very narrow bounds the numbers and riches of the ecclesiastics, no sooner is their first fire spent than they lose their credit over the peo- ple, and leave them under the natural and beneficent influ- ence of their civil and moral obligations. At the same time that James shocked, in so violent a HISTOEY OF ENGLAND. 37 manner, the religious principles of his Scottish subjects, he acted in opposition to those of his English. He had ob- served, in his progress through England, that a judaical observance of the Sunday, chiefly by means of the Puritans, was every day gaining ground throughout the kingdom, and that the people, under color of religion, were, contrai-y to former practice, debarred such sports and recreations as contributed both to their health and their amusement." Festivals, which in other nations and ages are partly dedi- cated to public worship, partly to mirth and society, were here totally appropriated to the offices of religion, and served to nourish those sullen and gloomy contemplations to which the jjeople were of themselves so unfortunately subject. The king imagined that it would be easy to infuse cheerfulness into this dark spirit of devotion. He issued a pi-oclamation to allow and encourage, after divine service, all kinds of lawful games and exercises ; and, by his author- ity, he endeavored to give sanction to a practice, which his subjects regarded as the utmost instance of profaneness and impiety.*^^ « KeiiTiet, p. 709. 1^ Franklyn, p. 31. To showbow rigid the English, chiefly the Puritans, were (become in. this particular, a bill was introduced into the House of Commons, in the eighteenth of the king, for the more strict observance of the Sunday, which they affected to call the Sabbath. One Shepherd opposed tliis bill, objected to the appellation of Sabbath as puritanical, defended dancing by the example of David, and seems even to have justified sports on that day. For this profane- ness he was expelled the House, by the suggestion of Mr. Fym. The House of Lords opposed so far this puritanical spirit of the Commons that they proposed that the appellation of Sabbath should be changed into that of the Lord's Day, Journal, IBtli, 16th February. 1620 ; 28th May, 1621. In Shepherd's sentence, liis offence is said by the House to be great, exorbitant, unparalleled. 38 HISTOET OF ENGLAND. CHAPTER XLVin. SIE -WALTER EALEIGh's EXPEDITION. HIS EXECUTION. IN- SUERECTIONS IN BOHEMIA. LOSS OP THE PALATINATE. NEGOTIATIONS WITH SPAIN. A PARLIAMENT. PAETIES. FALL OP BACON. RUPTURE BETWEEN THE KING AND THE COMMONS. PROTESTATION OP THE COMMONS. [1618.] At the time when Sir Walter Raleigh was first confined in the Tower, his violent and haughty temper had rendered him the most unpopular man in England ; and his condemnation was chiefly owing to that public odium under which he labored. During the thirteen years' imprisonment which he suffered, the sentiments of the nation were much changed with regard to him. Men had leisure to reflect on the hardship, not to say injustice, of his sentence ; they pitied his active and enterprising spirit, which languished in the rigors of confinement ; they were struck with the extensive genius of tlie man, who, being educated amid naval and mili- tary enterprises, had surpassed, in the pursuits of literature, even those of the most recluse and sedentary lives ; and they admired his unbroken magnanimity, which, at his age and under his circumstances, could engage him to undertake and execute so great a work as his History of the World. To increase these favorable dispositions, on which he built the hopes of recovering his liberty, he spread the report of a golden mine which he had discovered in Guiana, and which was sufficient, according to his representation, not only to enrich all the adventurers, but to afford immense treasures to the nation. The king gave little credit to these mighty promises, both because he believed that no such mine as the one described was anywhere in nature, and because he considered Raleigh as a man of desperate for- tunes, whose business it was, by any means, to procure his freedom, and to reinstate himself in credit and authority. Thinking, however, that he had already undergone suflicient punishment, he released him from the Tower; and when his vaunts of the golden mine had induced multitudes to engage with him, the king gave them permission to try the HISTORY OF ENGLAND. 39 adventure, and, at their desire, he conferred on Raleigh ^authority over his fellow-adventurers. Though strongly- solicited, he still refused to grant him a pardon, which seemed a natural consequence when he was intrusted with power and command. But James declared himself still diffident of Raleigh's intentions ; and he meant, he said, to reserve the former sentence as a check upon his future be- havior. Raleigh well knew that it was far from the king's pur- pose to invade any of the Spanish settlements : he therefore firmly denied that Spain had planted any colonies on that part of the coast where his mine lay. When Gondomar, the ambassador of that nation, alarmed at his preparations, carried complaints to the king, Raleigh still protested the innocence of his intentions ; and James assured Gondomar that he durst not form any hostile attempt, but should pay with his head for so audacious an enterprise. The minister, however, concluding that twelve armed vessels were not fitted out without some purpose of invasion, conveyed the intelligence to the court of Madrid, who immediately gave orders for arming and fortifying all their settlements, par- ticularly those along the coast of Guiana. When the courage and avarice of the Spaniards and Portuguese had discovered so many new worlds, they were resolved to show themselves superior to the barbarous heathens whom they invaded, not only in arts and arms, but also in the justice of the quarrel : they applied to Alex- ander VI., who then filled the papal chair, and he generously bestowed on the Spaniards the whole of the western, and on the Portuguese the whole eastern part of the globe. The more scrupulous Protestants, who acknowledged not the authority of the Roman pontiff, established the first dis- covery as the foundation of their title ; and if a pirate or sea-adventurer of their nation had but erected a stick or a stone on the coast, as a memorial of his taking possession, they concluded the whole continent to belong to them, and thought themselves entitled to expel or exterminate, as usurpers, the ancient possessors and inhabitants. It was in this manner that Sir Walter Raleigh, about twenty-three years before, had acquired to the crown of England a claim to the continent of Guiana, a region as large as the half of Europe ; and though he had immediately left the coast, yet he pretended that the English title to the whole remained certain and indefeasible. But it had happened in the mean 40 HISTORY OF ENGLAND. time that the Spaniards, not knowing, or not acknowleclging, this imaginary claim, had taken j)ossession of a part of Guiana, had formed a settlement on the river Orinoco, had built a little town called St. Thomas, and were there work- ing some mines of small -value. To this place Raleigh directly bent his course ; and, re- maining himself at the mouth of the river with five of the largest ships, he sent up the rest to St. Thomas under the command of his son and a Captain Keymis, a person en- tirely devoted to him. The Spaniards, who had expected this invasion, fired on the English at their landing, were re- pulsed, and pursued into the town. Young Raleigh, to en- courage his men, called out that this was the true mine, and none but fools looked for any other ; and, advancing upon the Spaniards, received a shot, of which he immediately expired. This dismayed no^ Keymis and the others. They carried on the attack, got possession of the town, which they afterwards reduced to ashes, and found not in it any- thing of value. Raleigh did not pretend that he had himself seen the mine which he had engaged so many people to go in quest of ; it was Keymis, he said, who had formerly discovered it, and had brought him that lump of ore which promised such immense treasures ; yet Keymis, who owned that he was within two hours' march of the place, refused, on the most absurd pretences, to take any effectual step towards finding it ; and he returned immediately to Raleigh with the melancholy news of his son's death and the ill-success of the enterprise. Sensible to reproach, and dreading pun- ishment for his behavior, Keymis, in despair, retired into his cabin and put an end to his own life. The other adventurers now concluded that they were deceived by Raleigh ; that he never had known of any such mine as he pretended to go in search of ; that his intention had ever been to plunder St. Thomas, and, having encour- aged his company by the spoils of that place, to have thence proceeded to the invasion of the other Spanish settlements ; that he expected to repair his ruined fortunes by such dar- ing enterprises, and that he trusted to the money he should acquire for making his peace with England ; or, if that view failed him, that he purposed to retire'into some other coun- try where his riches would secure his retreat. The small acquisitions gained by the sack of St. Thomas discouraged Raleigh's companions from entering into these HISTOKY OF ENGLAN'D. 41 views, though there were many circumstances in the treaty and late transactions between the nations which might in- vite them to engage in such a piratical war against the Spaniards. When England made peace with Spain, the example of Henry IV. was imitated, who, at the treaty of Vervins, finding a difficulty in adjusting all questions with regard to the Indian trade, had agreed to pass over that article in total silence. The Spaniards, having all along published severe edicts against the intercourse of any European na- tions with their colonies, interpreted this silence in their own favor, and considered it as a tacit acquiescence of Eng- land in the established laws of Spain. The English, on the contrary, pretended that, as they had never been excluded by any treaty from commerce with any part of the King of Spain's dominions, it was still as lawful for them to trade with his settlements in either Indies as with his European territories. In consequence of this ambiguity, many ad- venturers from England sailed to the Spanish Indies, and met with severe punishment when caught ; as they on the other hand, often stole, and, when superior in power, forced a trade with the inhabitants, and resisted — nay, sometimes plundered — the Spanish governors. Violences of this na- ture, which had been carried to a great height on both sides, it was agreed to bury in total oblivion, because of the difficulty which was found in remedying them upon any fixed principles. But as there appeared a great difference between pri- vate adventurers in single ships and a fleet acting under a royal commission, Raleigh's companions thought it safest to return immediately to England, and carry him along with them to answer for his conduct. It appears that he employed many artifices, first to engage them to attack the Spanish settlements, and failing of that, to make his escape into France'; but all these proving unsuccessful, he was de- livered into the king's hands and strictly examined, as well as his fellow-adventurers, before the privy council. The council, upon inquiry, found no difficulty in pronouncing that the former suspicions with regard to Raleigh's inten- tions had been well grounded; that he had abused Ihe king in the representations which he had made of his projected adventure; that, contrary to his instructions, he had acted in an offensive and hostile manner against his majesty's allies, and that he had wilfully burned and destroyed a town 42 HISTOEY OP ESfGLANI). belonging to the King of Spain. He might have been tried either by common law for this act of violence and piracy or by martial law for breach of orders ; but it was an established principle among lawyers ^ that as he lay under an actual at- tainder for high treason, he could not be brought to a new trial for any other crime. To satisfy, therefore, the court of Spain, which raised the loudest complaints against him, the king made use of that power which he had purposely reserved in his own hands, and signed the warrant for his execution upon his former sentence.^ Raleigh, finding his fate inevitable, collected all his cour- age ; though he had formerly made use of many mean ar- tifices, such as feigning madness, sickness, and a variety of diseases in order to protract his examination and procure his escape, he now resolved to act his part with bravery and resolution. " 'Tis a sharp remedy," he said, "but a sure one for all ills," when he felt the edge of the axe by which he was to be iDeheaded.^ His harangue to the people was calm and eloquent, and he endeavored to revenge him- self and to load his enemies with the public hatred by strong asseverations of facts which, to say the least, may be esteemed very doubtful.* With the utmost indifference, he laid his head upon the block and received the fatal blow ; and in his death there appeared the same great but ill-regu- lated mind which during his life had displayed itself in all his conduct and behavior. No measure of James's reign was attended with more public dissatisfaction than the punishment of Sir Walter Raleigh. To execute a sentence which was originally so hard, which had been so long suspended, and which seemed to have been tacitly pardoned by conferring on him a new trust and commission, was deemed an instance of cruelty and injustice. To sacrifice to a concealed enemy of Eng- land the life of the only man in the nation who had a high reputation for valor and military experience was regarded as meanness and indiscretion, and the intimate connections which the king was now entei'ing into with Spain, being universally distasteful, rendered this proof of his complai- sance still more invidious and unpopular. James had entertained an opinion, which was peculiar to 1 See this matter discussed in Bacon's Letters, puMished by I>r. Birch, p. isi. 2 See note [B ] at the end of the volume. ^ Fraulclyn, p. 32. * He asserted, in the most solemn manner, that he had nowise contributed to Essex's death ; but the last letter in Murden's Collection contains the strongest proof to the contrary. HISTORY OF ENGLAND. 43 himself, and which had been adopted by none of his pred- ecessors, that any alliance below that of a great king was unworthy of a Prince of Wales ; and he would never allow any princess but a daughter of France or Spain to be men- tioned as a match for his son.^ This instance of pride, which really irajjlies meanness, as if he coald receive honor from any alliance, was so well known that Spain had founded on it the hopes of governing, in the most important transac- tions, this monarch, so little celebrated for politics or prud- ence. During the life of Henry, the King of Spain had dropped some hints of bestowing on that prince his eldest daughter, whom he afterwards disposed of in marriage to the young King of France, Louis XIII. At that time the views of the Spaniards were to engage James into a neu- trality with regard to the succession of Cleves, which was disputed between the Protestant and popish line ; * but the bait did not then take, and James, in consequence of his alliance with the Dutch and with Henry IV. of France, marched ' four thousand men, under the command of Sir Edward Cecil, who joined these two powers, and put the Marquis of Brandenburg and the Palatine of Newburg in possession of that duchy. Gondomar was at this time the Spanish ambassador in England, a man whose flattery was the more artful because covered with tlie appearance of frankness and sincerity — whose politics were the more dangerous because disguised under the mask of mirth and pleasantry. He now made offer of the second daughter of Spain to Prince Charles ; and, that he might render the temptation irresistible to the necessitous monarch, he gave liopes of an immense fortune which should attend the princess. The court of Spain, though determined to contract no alliance with a heretic,' entered into negotiations with James, which they artfully protracted, and, amid every disappointrnent, they still re- doubled his hopes of success.' The transactions in Ger- many, so important to the Austrian greatness, became every day a new motive for this duplicity of conduct. In that great revolution of manners which happened dur- ing the sixteenth and seventeenth centuries, the only nations who had the honorable, though often melancholy, advantage of making an effort for their expiring privileges were such as, together with the principles of civil liberty, were ani- 5 Kennet, pp. 703, 748. « Kushwortli, vol. i. p. 2. ' 1610. e La Boderie, vol. ii. p. 30. " Franklyn, p. 71. 4'4 HISTOET OF ENGLAND. mated with a zeal for religious parties and opinions. Besides the irresistible force of standing armies, the European princes possessed this advantage, that they were descended from the ancient royal families ; that they continued the same appel- lations of magistrates, the same appearance of civil govern- ment, and, restraining themselves by all the forms of legal administration, could insensibly impose the yoke on their unguarded subjects. Even the German nations, who for- merly broke the Roman chains and restored liberty to man- kind, now lost their own liberty, and saw with grief the absolute authority of their princes firmly established among them. In their circumstances, nothing but a pious zeal, which disregards all motives of human prudence, could have made them entertain hopes of preserving any longer those privileges which their ancestors through so many ages had transmitted to them. As the house of Austria, throughout all her extensive do- minions, had ever made religion the pretence for her usurpa- tions, she now met ■\vith resistance from a like principle ; and the Catholic religion, as usual, had ranged itself on the side of monarchy ; the Protestant, on that of liberty. The states of Bohemia, having taken arms against the Emperor Mat- thias, continued their revolt against his successor Ferdinand, and claimed the observance- of all the edicts enacted in favor of the new religion, together with the restoration of their ancient laws and constitution. The neighboring pi-incLpali- ties — Silesia, Moravia, Lusatia, Austria, even the kingdom of Hungary — took part in the quarrel, and throughout all these populous and martial provinces the spirit of discord and civil war had universally diffused itself.'" [1619.]_ Ferdinand II., who possessed more vigor and gi-eater abilities, though not more lenity and moderation, than are usual with the Austrian princes, strongly armed himself for the recovery of his authority ; and besides em- ploying the assistance of his subjects, who professed the an- cient religion, he engaged on his side a powerful alliance of the neighboring potentates. All the Catholic princes of the empire had embraced his defence— even Saxony, the most powerful of the Protestant ; Poland had declared itself in his favor ; " and, above all, the Spanish monarch, deemino- his own interest closely connected with that of the younger branch of his family, prepared powerful succors from Italy and from the Low Countries ; and he also advanced large " Eushworth, vol. i. pp. 7, 8. " Kushworth, TOl. i. pp. 13. 14. FISTOEY OF ENGLAND. 45 sums for the support of Ferdinand and of the Catholic religion. The states of Bohemia, alarmed at these mighty prep- arations, began also to solicit foreign assistance ; and, to- gether with that support which which they obtained from the evangelical union in Germany, they endeavored to establish connections with greater princes. They cast their eyes on Frederick, Elector-Palatine. They considered that, besides commanding no despicable force of his own, he was son-in-law to the King of England and nephew to Prince Maurice, whose authority was become almost absolute in the United Provinces. They hoped that these princes, moved by the connections of blood as well as by the tie of their common religion, would interest themselves in all the fortunes of Frederick, and would promote his greatness. They therefore made him a tender of their crown, which they considered as elective ; and the young palatine, stim- ulated by ambition, without consulting either James ^^ or Maurice, whose opposition he foresaw, immediately accepted the offer, and marched all his forces into Bohemia in sup- port of hia new subjects. The news of these events no sooner reached England than the whole kingdom was on fire to engage in the quar- rel. Scarcely was the ardor greater with which all the states of Europe, in former ages, flew to rescue the Holy Land from the dominion of infidels. The nation was as yet sincerely attached to the blood of their monarchs, and they considered their connection with the Palatine, who had mar- ried a daughter of England, as very close and intimate; and when they heard of Catholics carrying on wars and perse- cutions against Protestants, they thought their own interest deeply concerned, and regarded their neutrality as a base desertion of the cause of God and of his holy religion. In such a quarrel, they would gladly have marched to the op- posite extremity of Europe, have plunged themselves into a chaos of German politics, and have expended all the blood and treasure of the nation by maintaining a contest with the whole house of Austria, at the very time and in the very place in which it was the most potent, and almost irresistible. But James, besides that his temper was too little enter- prising for such vast undertakings, was restrained by an- other motive which had a mighty influence over him : he « Franklyn, p. 49. 46 HISTORY 01" ENGLAND. refusea to patronize the revolt of subjects against their sov- ereign. From the very iirst he denied to his son-in-law the title of King of Bohemia ; " he forbade him to be prayed for in the churches under that appellation; and though he owned that he had nowise examined the pretensions, privi- leges, and constitution of the revolted states," so exalted was his idea of the rights of kings that he concluded subjects must ever be in the wrong when they stood in opposition to those who had acquired or assumed that majestic title. Thus, even in measures founded on true politics, James intermixed so many narrow prejudices as diminished his authority and exposed him to the imputation of weakness and of error. [1620.] Meanwhile affairs everywhere hastened to a crisis. Ferdinand levied a great force, under the command of the Duke of Bavaria and the Count of Bucquoy; and ad- vanced upon his enemy in Bohemia. In the Low Countries, Spinola collected a veteran army of thirty thousand men. When Edmonds, the king's resident at Brussels, made re- monstrances to the Archduke Albert, he was answered that the orders for this armament iiad been transmitted to Spin- ola from Madrid, and that he alone knew the secret desti- nation of it. Spinola again told the minister that his orders were still sealed, but if Edmonds would accompany him in his march to Coblentz, he would there open them and give him full satisfaction." It was more easy to see his inten- tions than to prevent their success. Almost at one time it was known in England that Frederick, being defeated in the great and decisive battle of Prague, had fled with liis family into Holland, and that Spinola had invaded the Palatinate, and, meeting with no resistance, except from some princes of the union, and from one English regiment of two thousand four hundred men, commanded by the brave Sir Horace Vere," had, in a little time, reduced the greater part of that princijsality. High were now the murmurs and complaints against the kings's neutrality .nnd inactive disposition. The happiness and tranquillity of their own country became distasteful to the English, when },hey reflected on the grievances and dis- tresses of their Protestant brethren in Germany. They con- sidered not that their interposition in the wars of the Conti- " Rushworth, vol. i. pp. 12, 13. " FranUlvn t> 4S 1= Franklyn, p. 44. Eusliwortli, vol. i. p. 14. ' I" Franklyn, pp. 42, 43. Rushworth, vol. i. p. 15. Kennet, p. 723. HISTOEY OF ENGLAND. 47 nent, though agreeable to religious zeal, could not, at that time, be justified by any sound maxims of politics ; that, however exorbitant the Austrian greatness, the danger was still too distant to give any just alarm to England ; that mighty resistance would yet be made by so many potent and warlike princes and states in Germany ere they would yield their neck to the yoke ; that France, now engaged to con- tract a double alliance with the Austrian family, must neces- sarily be soon roused from her lethargy, and oppose the progress of so hated a rival ; that in the further advance of conquests even the interests of the two branches of that am- bitious family must interfere and beget mutual jealousy and opposition ; that a land war carried on at such a distance would waste the blood and treasure of the English nation, without any hopes of success ; that a sea war, indeed, might be both safe and successful against Spain, but would not affect the enemy in such vital parts as to make them stop their career of success in Germany, and abandon all their acquisitions ; and that the prospect of recovering the Palati- nate being at present desperate, the affair was reduced to this simple question, Whether peace and commerce with Spain, or the uncertain hopes of plunder and of conquest in the Indies, were preferable? — a question which, at the be- ginning of the king's reign, had already been decided, and perhaps with reason, in favor of the former advantages. James might have defended his pacific measures by such plausible arguments ; but these, though the chief, seem not to have been the sole motives which swayed him. He had entertained the notion that, as his own justice and modera- tion had shone out so conspicuously throughout all these transactions, the whole house of Austria, though not awed by the power of England, would willingly, f)-om mere re- spect to his virtue, submit themselves to so equitable an arbitration. He flattered himself that after he had formed an intimate connection with the Spanish monarch by means of his son's marriage, the restitution of the Palatinate might be procured from the motive alone of friendship and per- sonal attachment. He perceived not that his inactive vir- tue, the more it was extolled, the greater disregard was it exposed to. He was not sensible that the Spanish match was itself attended with such difliculties that all his art of negotiation would scarcely be able to sui-mount them ; much less that this match could, in good policy, be depended on as the means of procuring such extraordinary advantages. 48 HISTOET OF ENGLAND. His un-warlike disposition, increased by age, riveted him still faster in his errors, and determined him to seek the restora- tion of his son-in-law, by remonstrances and entreaties, by arguments and embassies, rather than by blood andviolence. And the same defect of courage which held him in awe of foreign nations made him likewise afraid of shocking the prejudices of his own subjects, and kept him from openly avowing the measures which he was determined to pursue. Or, perhaps, he hoped to turn these prejudices to account, and by their means engage his people to furnish him with supplies, of which their excessive frugality had hitherto made them so sparing and reserved." He first tried the expedient of a benevolence or free gift from individuals ; pretending the urgency of the case, which would not admit of leisure for any other measure ; but the jealousy of liberty was now roused, and the nation regarded these pretended benevolences as real extortions, contrary to law and dangerous to freedom, however authorized by an- cient precedent. A Parliament was found to be the only resource which could furnish any large supplies, and writs ■were accordingly issued for summoning that great council of the nation.!* [1621.] In this Parliament there appeared, at first, nothing but duty and submission on the part of the Commons ; and they seemed determined to sacrifice everything in order to main- tain a good correspondence with their prince. They would allow no mention to be made of the new customs or imposi- tions which had been so eagerly disputed in the former Par- liament ; " the imprisonment of the members of that Parlia- ment was here, by some, complained of ; but, by the author- ity of the graver and more prudent part of the House, that grievance was buried in oblivion ; '"' and, being informed that the king had remitted several considerable sums to the Palatine, the Commons, without a negative, voted him two subsidies,'^' and that, too, at the very beginning of the ses- sion, contrary to the maxims frequently adopted by their predecessors. Afterwards thejr proceeded, but in a very temperate manner, to the examination of grievances. They found that patents had been granted to Sir Giles Mompesson and Sir Francis Michel for licensing inns and ale-houses ; that great sums of money had been exacted under pretext of these 1' Franklyn, p. 47. Rushworth, vol. i. p. 21, '« See note [C] at the end of the volume. '» Journal, December 5 1621 2» Journal, February 12, 16, 1620. =' Journal, February 16, 166o' HISTOKY OP ENGLAND. 49 licenses ; and that such innkeepers as presumed to continue their business without satisfying the rapacity of the patentees had been severely punished by fine, imprisonment, and vex- atious prosecutions. The same persons had also procured a patent, which they shared with Sir Edward Villiers, brother to Buckingham, for the sole making of gold and silver thread and lace, and had obtained very extraordinary powers for preventing any rivalship in these manufactures : they were armed with authority to search for aU goods which might interfere with their patent, and even to punish, at their own will and dis- cretion, the makers, importers, and venders of such commod- ities. Many had grievously suffered by this exorbitant juris- diction ; and the lace which had been manufactured by the patentees was universally found to be adulterated, and to be composed -moi-e of copper than of the precious metals. These grievances the Commons represented to the king ; and they met with a very gracious and very cordial recep- tion. He seemed even thankful for the information given him, and declared himself .ashamed that such abuses, unknow- ingly to him, had crept into his administration. " I assure you," said he, " had I before heard these things complained of, I would have done the office of a just king, and out of Parliament have punished them as severely, and peradven- ture more than you now intend to do." ^^ A sentence was passed for the punishment of Michel and Mompesson.^ It was executed on the former. The latter broke prison and escaped. Villiers wa:s at that time sent purposely on a for- eign employment ; and his guilt, being less enormous or less apparent than that of the others, he was the more easily pro- tected by the credit of his brother, Buckingham.^ Encouraged by this success, the Commons carried their scrutiny, and still with a respectful hand, into other abuses of importance. The great seal was at that time in the hands of the celebrated Bacon, created Viscount St. Alban's — a man universally admired for the greatness of his genius, and beloved for the courteousness and humanity of his behavior. He was the great ornament of his age and nation, and naught 22 Franklyn, p. 51. Rushworth, vol. i. p. 25. 23 Franklyn, p. 52. Rushworth, vol. i. p. 27. 2^ Telverton, the attorney -general, was accused by the Commons for drawing the patents for these monopolies, and for supporting them. He apologized for himself that he was forced by Buckingham, and that he supposed it to be the king's pleasure. The l.ordfl were so of^ndedat these articles of defence, though necessary to the attorney-general, that they fined him ten thousand pounds to the king, Ave thousand to the duke. The fines, however, were afterwards re- mitted. Franklyn. p. 55. Enshworth, vol. i. pp. 31, 32, etc. Vol. IV.— 4 50 HISTORY OF ENGLAND. was wanting to render him the ornament of human nature itself but that strength of mind which might checlc his intem- perate desu-e of preferment, that could add nothing to his dignity and might restrain his profuse inclination to expense, that could be requisite neither for his honor nor entertain- ment. His want of economy and his indulgence to servants had involved him in necessities, and, in order to supply his prodigality, he had been tempted to take bribes by the title of presents, and that in a very open manner, from suitors in chancery. It appears that it had been usual for former chancellors to take presents, and it is pretended Jhat Bacon, who followed the same dangerous practice, had still, in the seat of justice, preserved the integrity of a judge, and had given just decrees against those very jaersons from whom he had received the wages of iniquity. Complaints rose the louder on that account, and at last reached the House of Commons, who sent up an impeachment against him to the Peers. The chancellor, conscious of guilt, deprecated the vengeance of his judges, and endeavored, by a general avowal, to escape the confusion of a stricter inquiry. The Lords insisted on a particular confession of all his corrup- tions. He acknowledged twenty -eight articles, and was sen- tenced to pay a fine of forty thousand pounds, to be impris- oned in the Tower during the king's pleasure, to be forever incapable of any office, place, or employment, and never again to sit in Parliament or come within the verge of the court. This dreadful sentence — dreadful to a man of nice sensi- bility to honor — he survived five years ; and, being released in a little time from the Tower, his genius, yet unbroken, supported itself amid involved circumstances and a de- pressed spirit, and shone out in literary productions which have made his guilt or weaknesses be forgotten or overlooked by posterity. In consideration of his great merit the king remitted his fine as well as all the other parts of his sentence, conferred on him a large pension of eighteen hundred pounds a year, and employed every expedient to alleviate the weight of his age and misfortunes. And that great philos- opher at last acknowledged with regret that he had too Ion"- neglected the true ambition of a fine genius, and, by plun It Is tliougM that appeals from chancery to tlie House of Peers first came HISTORY OF ENGLAND. 51 The Commons had entertained the idea that they were the great patrons of the people, and that the redress of all grievances must proceed from them ; and to this principle they were chiefly beholden for the regard and consideration- of the public. In the execution of this office they now kept their ears open to complaints of every kind ; and they carried their researches into many grievances, which, though of no great importance, could not be touched on without sensibly affecting the king and his ministers. The prerog- ative seemed every moment to be invaded ; the king's authority, in every article, was disputed ; and James, who was willing to correct the abuses of his power, would not submit to have his power itself questioned and denied. After the House, therefore, had sitten near six months, and had as yet brought no considerable business to a full con- clusion, the king resolved, under pretence of the advanced season, to interrupt their proceedings ; and he sent them word that he was determined in alittle time to adjourn them till next winter. The Commons made application to the Lords, and desired them to join in a petition for delaying the adjournment, which was refused by the Upper House. The king regarded this project of a joint petition as an at- tempt to force him from his measures ; he thanked the Peers for their refusal to concur in it, and told them that, if it were their desire, he would delay the adjournment, but would not so far comply with the request of the Lower House.'^^ And thus, in these great and national affairs, the same peevishness which in private altercations often raises a quarrel from the smallest beginnings pi-oduced a mutual coldness and disgust between the king and the Commons. During the recess of Parliament, the king used every measure to render himself popular with the nation, and to appease the rising ill-humor of its representatives. He had voluntarily offered the Parliament to circumscribe his own prerogative, and to abrogate for the futuj-e his power of granting monopolies. He now recalled all the patents of that kind, and redressed every article of grievance, to the number of thirty-seven, which had ever been complained of in the House of Commons." But he gained not the end which he proposed. The disgust, which had appeared at parting, could not so suddenly be dispelled. He had like- into practice while Bacon held the great seal. Appeals under the form of writ of error had long before lain against the courts of law. Blaekstone's Comm. vol. iji. p. 451. " Kushwoith, vol. i. p. 35. « Kushworth, vol. i. p. 36. Kennet, p. T33. " Journal, lat December, 1621. 52 HISTOEY OP ENGLAND. wise been so imprudent as to commit to prison Sir Edwin Sandys,^* without any known cause besides his activity and vigor in discharging his duty as a member of Parliament. And, above all, the transactions in Germany were sufficient, when joined to the king's cautions, negotiations, and delays, to inflame that jealousy of honor and religion which pre- vailed throughout the nation.^^ This summer, the ban of the empire had been published against the Elector Palatine ; and the execution of it was committed to the Duke of Bavaria.®" The Upper Palatinate was in a little time con- quered by that prince, and measures were taken in the empire for bestowing on him the electoral dignity, of which the Palatine was then despoiled. Frederick now lived with his numerous family in poverty and distress, either at Hol- land or at Sedan, with his uncle the Duke of Bouillon ; and throughout all the new conquests, in both the palatinates as well as in Bohemia, Austria, and Lusatia, the progress of the Austrian arms was attended with rigors and severities, ex- ercised against the professors of the reformed religion. The zeal of the Commons immediately moved them, upon their assembling, to take all these transactions into consider- ation. They framed a remonstrance, which they intended to carry to the king. They represented that the enormous growth of the Austrian power threatened the liberties of Europe ; that the progress of the Catholic religion in Eng- land bred the most melancholy apprehensions lest it should again acquire an ascendant in the kingdom ; that the in- dulgence of his majesty towards the" professors of that religion had encouraged their insolence and temerity ; that the uncontrolled conquests made by the Austrian family in Germany raised mighty expectations in the English Papists ; but, above all, that the prospect of the Spanish match el- evated them so far as to hope for an entire toleration, if not the final re-establishment, of their religion. The Commons, therefore, entreated his majesty that he would immediately undertake the defence of the Palatinate, and maintain it by '' To show to what degree the nation was inflamed with regard to the Pal- iitinate, there occurs a remaikable story this session. One Floyd, a prisoner in the Fleet, a Catholic, had dropped some expressions, in private conversation as It he were pleased with the misfortunes of the Palatine and his wife. The Com- mons were In a flame, and, pretending to bo a court of judicature and of record proceeded to condemn him to a severe punishment. The House of Lords checked this encroachment ; and, what was extraordinary, considering the present humor of the Lower House, the latter acquiesced In the sentiments of the Peers This is almost the only pretension of the English Commons in which they have not prevailed. Happily for tlie nation, they have been successful in almost all their other claims. See Parliamentarv History, vol. v. pp. 426, 429, etc. Jour- nal, 4th, 8th, 12th May, 1621. so Franklyn, p. 73. HISTOKY OP ENGLAND. 63 force of arms; that he would turn his sword against Spain, whose armies and treasures were the chief support of the Catholic interest in Europe ; that he would enter into no negotiation for the marriage of liis son but with a Protes- tant princess ; that the children of popish recusants should be taken from their parents, and be committed to the care of Protestant teachers and schoolmasters ; and that the fines and confiscations to which the Catholics were by law liable should be levied with the utmost severity.'^ By this hold step, unpi'ecedented in England for many years, and scarcely ever heard of in peaceable times, the Commons attacked at once all the king's favorite maxims of government, his cautious and pacific measures, his lenity towards the Romish religion, and his attachment to the Spanish alliance, from which he promised himself such mighty advantages. But what most disgusted him was their seeming invasion of his prerogative, and their jsretend- ing, under color of advice, to direct his conduct in such points as had ever been acknowledged to belong solely to the management and direction of the sovereign. He was at that time absent at Newmarket ; but as soon as he heard of . the intended remonstrance of the Commons, he wrote a letter to the speaker, in which he sharply rebuked the House for openly debating matters far above their reach and capacr ity, and he strictly forbade them to meddle with anything that regarded his government or deep mattei's of state, and especially not to touch on his son's mari'iage with the daughter of Spain, nor to attack the honor of that king, or any other of his friends and confederates. In order the more to intimidate them, he mentioned the imprisonment of Sir Edwin Sandys ; and though he denied that the confine- ment of that member had been owing to any offence com- mitted in the House, he plainly told them that he thought himself fully entitled to punish every misdemeanor in Par- liament, as well during its sitting as after its dissolution ; and that he intended thenceforward to chastise any man whose insolent behavior there should minister occasion of offence.'^ This violent letter, in which the king, though he here imi- tated former precedents, may be thought not to have acted altogether on the defensive, had the effect which might natu- rally have been expected from it— the Commons were in- « Franklyn, pp. 58, 59. Eushworth, vol. i. pp. 40, 41. Keniiet, p. 737. s' Franklyn, p. 60. Basliwortli, vol. i. p . 43. Kenuet, p. 741. 54 HISTORY OP ENGLAND. flamed, not terrified. Secure of their own popularity, and of the bent of the nation towards a war with the Catholics abroad, and the persecution of popery at home, they little dreaded the menaces of a prince who was unsupported by military force, and whose gentle temper would of itself so soon disarm his severity. In a new remonstrance, therefore, they still insisted on their former remonstrance and advice, and they maintained, though in respectful terms, that they were entitled to interpose with their counsel in all matters of government ; that to possess entire freedom of speech, in their debates on public business, was their ancient and un- doubted right, and an inheritance transmitted to them from their ancestors ; and that if any member abused this liberty, it belonged to the House alone, who were witnesses of his offence, to inflict a proper censure upon him.'' So vigorous an answer was nowise calculated to appease the king. It is said, when the approach of the committee who were to present it was notified to him, he ordered twelve chairs to be brought, for that there were so many kings a-coming.'* His answer was prompt and sharp. He told the House that their remonstrance was more like a denunciation of war than an address of dutiful subjects ; that their pretensions to inquire into all state affairs, without exception, was such a plem'potence as none of their ancestors, even during the reign of the weakest princes, had ever pre- tended to ; that public transactions depended on a compli- cation of views and intelligence with which they were entirely unacquainted ; that they could not better show their wisdom as well as duty than by keeping within their proper sphere ; '^ and that in any business which depended on his prerogative they had no title to interpose with their advice, except when he was pleased to desire it ; and he concluded with these memorable words: "And though we cannot allow of your style in mentioning your aiicient and un- doubted right and inheritance, but would rather have wished that ye had said that your privileges were derived from the grace and permission of our ancestors, and us (for the most of them grew from precedents, which shows rather a toleration than inheritance), yet we are pleased to give you our royal assurance that as long as you contain yourselves within the limits of your duty we will be as careful to main- s' Frsinklyn, p. 60. Eusliwortli, vol. i. p. 44. Kennet, p. 741. 3« Kennet, p. 43. »" Ne sutor ultra crepidam. This expression is imagined to be insolent and disobliging ; but it was a Latin proverb familiarly used on all occasions. HISTOET OF ENGLAND. 55 tain and preserve your lawful liberties and privileges as ever any of our predecessors were — nay, as to preserve our own royal prerogative." '" This open pretension of the king naturally gave great alarm to the House of Commons. They saw their title to every privilege, if not plainly denied, yet considered at least as precarious. It might be forfeited by abuse, and they had already abused it. They thought proper, therefore, immediately to oppose pretension to pretension ; they framed a protestation in which they repeated all their former claims for freedom of speech, and an unbounded authority to inter- pose with their advice and counsel ; and they asserted that "the liberties, franchises, privileges, and jurisdictions of Parliament are the ancient and undoubted birthright and inheritance of the subjects of England." " The king, informed of these increasing heats and jealous- ies in the House, hurried to town. He sent immediately for the journals of the Commons; and, with his own hand, before the council, he tore out this protestation,'^ and ordered his reasons to be inserted in the council book. He was doubly displeased, he said, with the protestation of the Lower House, on account of the manner of framing it, as well as of the matter which it contained. It was tumult- uously voted at a late hour, and in a thin House, and it was expressed in such general and ambiguous terms as might serve for a foundation to the most enormous claims and to the most unwarrantable usurpations upon his prerogative.^' The meeting of the House might have proved dangerous after so violent a breach. It was no longer possible, while men were in such a temper, to finish any business. The king, therefore, prorogued the Parliament, and soon after dissolved it by proclamation, in which he also made an apology to the public for his whole conduct. The leading members of the House, Sir Edward Coke and Sir Robert Philips, were committed to the Tower ; Selden, Pym, and Mallory, to other prisons.*" As a lighter punishment. Sir Dudley Digges, Sir Thomas Carew, Sir Nathaniel Rich, Sir James Perrot, joined in commission with others, were sent to Ireland, in order to execute some business." The king, at that time, enjoyed, at least exer- M Franklyn, pp. 62, 63, 64. Eushworth, vol. i. pp. 46, 47, etc. Kennet, p. 743. 37 See note [D] at the end of the volume. ^^ Journal, December 18, 1621. 89 Pranklyn, p. 6S. " Franklyn, p. 66. liushwortli, vol. 1. p. 55. *i Franklyn, p. 66, Rushworth, vol. i. p. 55. 56 HISTOEY OF ENGLAND. cised, the prerogative of employing any man, even without his consent, in any branch of public service. Sir John Savile, a po\verf,ul man in the House of Com- mons, and a zealous opponent of the court, was made comp- troller of the household, a privy-councillor, and soon after a baron.*^ This event is memorable, as being the first in- stance, perhaps, in the whole history of England, of any king's advancing a man on account of parliamentary interest and of opposition to his measures. However irregular this practice, it will be regarded by political reasoners as one of the most early and most infallible symptoms of a regular established liberty. The king having thus, with so rash and indiscreet a hand, torn off that sacred veil which had hitherto covered the English constitution, and which threw an obscurity upon it so advantageous to royal prerogative, every man began to indulge himself in political reasonings and inquiries; and the same factions which commenced in Parliament were propagated throughout the nation. In vain did James by reiterated proclamations forbid the discoursing of state affairs.^' Such proclamations, if they had any effect, served rather to inflame the curiosity of the public; and, in every company or society, the late transactions became the subject of argument and debate. All history, said the partisans of the court, as well as the history of England, justify the king's position with regard to the origin of popular privileges; and every reasonable man must allow that as monarchy is the most simple form of go\'ernment, it must first have occurred to rude and unin- structed mankind. The other complicated and artificial ad- ditions were the successive invention of sovereigns and le"- islators; or, if they were obtruded on the prince by sedi- tious subjects, their origin must appear, on that very account, still more precarious and unfavorable. In England, the au- thority of the king, in all the exterior forms of govermnent, and in the common style of law, appears totally absolute and sovereign ; nor does the real spirit of the constitution, as it has ever discovered itself in practice, fall much short of these appearances. The Parliament is created by his will ; by his will it is dissolved. It is his will alone, though " Kennet, p. 749. « Franklyii p. 56. Rushworth, vol. i. pp. 21, 36, S5. The king also in imita- tion of his predecessors, pave rules lo preachers. Pranklyn, p. 70 Tlie , ,Vinif- was at that time much more daiiKerous than the press. Few peool'e couia r^n,\ and still £ower were in the practice of reading. f i"^ i-ouiu read. HISTORY OF ENGLAND. 57 at the desire of both Houses, which gives authority to laws. To all foreign nations the majesty of the monarch seems to merit sole attention and regard ; and no subject who has exposed himself to royal indignation can hope to live with safety in the kingdom ; nor can he even leave it, according to law, without the consent of his master. If a magistrate, environed with such power and splendor, should consider his authority as sacred, and regard himself as the anointed of Heaven, his pretensions may bear a very favorable con- struction ; or, allowing them to be merely pious frauds, we need not be surprised that the same stratagem which was practised by Minos, Numa, and the most celebrated legis- lators of antiquity, should now, in these restless and inquis- itive times, be employed by the King of England. Subjects are not raised above that quality, though assembled in Par- liament. The same humble respect and deference is still due to their prince. Though he indulges them in the priv- ilege of laying before him their domestic grievances, with which they are supposed to be best acquainted, this war- rants not their bold intrusion into every province of govern- ment. And to all judicious examiners it must appear " that the lines of duty are as much transgressed by a more inde- pendent and less respectful exercise of acknowledged powers as by the usurpation of such as are new and unusual." The lovers of liberty throughout the nation reasoned after a different manner. It is in vain, said they, that the king traces up the English government to its first origin, in order to represent the privileges of Parliament as dependent and precarious ; prescription, and the practice of so many ages, must, long ere this time, have given a sanction to these assemblies, even though they had been derived from an origin no more dignified than that which he assigns them. If the written records of the English nation, as asserted, rep- resent parliaments to have arisen from the consent of mon- archs, the principles of human nature, when we trace government a step higher, must show us that monarchs themselves owe all their authority to the voluntary submis- sion of the people. But, in fact, no age can be shown when the English government was altogether an unmixed mon- archy ; and if the privileges of the nation have, at any period, been overpowered by violent eruptions of foreign force or domestic usurpation, the generous spirit of the jjeojjle has ever seized the first opportunity of re-establish- ing the ancient govei'nment and constitution. Though in 58 HISTORY OP ENGLAND. the style of the laws, and in the usual forms of administra- tion, royal authority may be represented as sacred and su- preme, whatever is essential to the exercise of sovereign and legislative power must still be regarded as equally divine and inviolable ; or if any distinction be made in this respect, the preference is surely due to those national councils by whose interposition the exorbitances of tyrannical power are restrained, and that sacred liberty is preserved which heroic spirits, in all ages, have deemed more precious than life itself. Nor is it sufficient to say that the mild and equitable administration of James affords little occasion, or no occa- sion, of complaint. How moderate soever the exercise of his prerogative, how exact soever his observance of the laws and constitution, " if he founds his authority on arbitrary and dangerous principles, it is requisite to watch him with the same care, and to oppose him with the same vigor, as if he had indulged himself in all the excesses of cruelty and tyranny." Amid these disputes, the wise and moderate in the na- tion endeavored to preserve, as much as possible, an equit- able neutrality between the opposite parties ; and the more they reflected on the course of public affairs, the greater difficulty they found in fixing just sentiments with regard to them. On the one hand, they regarded the very rise of parties as a happy prognostic of the establishment of lib- erty ; nor could they ever expect to enjoy, in a mixed gov- ernment, so valuable a blessing without suffering that incon- venience which, in such governments, has ever attended it. But when they considered on the other hand, the necessary aims and pursuits of both parties, they were struck with apprehension of the consequences, and" could discover no feasible plan of accommodation between them. From lono- practice, the crown was now possessed of so exorbitant a prerogative that it was not sufficient for liberty to remain on the defensive, or endeavor to secure the little ground which was left her ; it was become necessary to carry on an offensive war, and to circumscribe within more narrow as well as more exact bounds the authority of the sovereign. Upon such provocation, it could not but happen that the prince, however just and moderate, would endeavor to re- press his opponents ; and, as he stood upon the very brink of arbitrary power, it was to be feared that he wouldhastily and' unknowingly pass those limits which were not precisely marked by the constitution. The turbulent government of HISTOEY OF ENGLAND 59 England, ever fluctuating between privilege and prerogative, would afford a variety of precedents, which might be plead- ed on both sides. In such delicate questions, the people must be divided ; the arms of the state were still in their hands ; a civil war must ensue — a civil war where no party or both parties would justly bear the blame, and where the good and virtuous would scarcely know what vows to form, were it not that liberty, so necessary to the perfection of human society, would be sufficient to bias their affections towards the side of its defenders. 60 HISTOKY OF ENGLAND. CHAPTER XLIX. NEGOTIATIONS WITH EBGAED TO THE MARRIAGE AND THE PALATINATE. CHARACTER OP BUCKINGHAM. PRINCE's JOURNEY TO SPAIN. MARRIAGE TREATY BROKEN. A PARLIAMENT. RETURN OF BRISTOL. RUPTURE WITH SPAIN. TREATY WITH PRANCE. MANSFELDt's EXPEDI- TION. DEATH OF THE KING. HIS CHARACTER. [1622.] To wrest the Palatinate from the hands of the emperor and the Duke of Bavaria must always have been regarded as a difficult task for the power of England, con- ducted by so unwarlike a prince as James : it was plainly ir^possible while the breach subsisted between him and the Commons. The king's negotiations, therefore, had they been managed with ever so great dexterity, must now carry less weight with them ; and it was easy to elude all his ap- plications. When Lord Digby, his ambassador to the em- peror, had desired a cessation of hostilities, he was referred to the Duke of Bavaria, who commanded the Austrian armies. The Duke of Bavaria told him that it was entirely superfluous to form any treaty for that purpose. " Hostili- ties are already ceased," said he; " and I doubt not but I shall be able to pirevent their revival by keepmg firm posses- sion of the Palatinate till a final agreement shall be cortclud- ed between the contending parties."^ Notwithstanding this insult, James endeavored to resume with the emperor a treaty of accommodation ; and he opened the negotiations at Brussels, under the mediation of Archduke Albert ; and after his death, which happened about this time, under that of the infanta. When the conferences were entered upon, it was found that the powers of these princes to determine in the controversy were not sufficient or satisfactory. Schwartzenbourg, the imperial minister, was expected at London, and it was hoped that he would bring more ample authority : his commission referred entirely to the negotia- tion at Brussels. It was not difficult for the king to per- ceive that his applications were neglected by the emperor • » Franklyn, p 57. RuBhworth, vol. i. p. 38. HISTORY OP EWGLAlSrD. 61 but as he had no choice of any other expedient, and it seemed the interest of his son-in-law to keep alive his pre- tensions, he was still content to follow Ferdinand through all his shifts and evasions. Nor was he entirely discouraged, even when the imperial diet at Ratisbon, by the influence, or rather authority, of the emperor, though contrary to the protestation of Saxony and of all the Protestant princes and cities, had transferred the electoral dignity from the Pala- tine to the Duke of Bavaria. Meanwhile, the efforts made by Frederick for the re- covery of his dominions were vigorous. Three armies were levied in Germany by his authority, under three com- ;manders — Duke Christian of Brunswick, the Prince of Baden-Dourlach, and Count Mansfeldt. The two former generals were defeated by Count Tilly and the imperialists ; the third, though much inferior in force to his enemies, still maintained the war, but with no equal supplies of money either from the Palatine or the King of England. It was chiefly by pillage and free quarters in the Palatinate that he subsisted his army. As the Austrians were regularly paid, they were kept in more exact discipline ; and James justly became apprehensive lest so unequal a contest, besides ravag- ing the Palatine's hereditary dominions, would end in the total alienation of the people's affections from their ancient sovereign, by whom they were plundered, and in an attach- ment to their new masters, by whom they were protected.'' He persuaded, therefore, his son-in-law to disarm, under color of duty and submission to the emperor; and, accord- ingly, Mansfeldt was dismissed from the Palatine's service, and that famous general withdrew his array into the Low Countries, and there received a commission from the States of the United Provinces. To show how little account was made of James's negotia- tions abroad, there is a pleasantry mentioned by all his- torians, which for that reason shall have place here. In a farce acted at Brussels, a courier was introduced carrying the doleful news that the Palatinate would be soon wrested from the house of Austria, so powerful were the succors which, from all quarters, were hastening to the relief of the despoiled Elector: the King of Denmark had agreed to contribute to his assistance a hundred thousand pickled herrings, the Dutch a hundred thousand butter-boxes, and the King of England a hundred thousand ambassadors. On 2 Parliamentary History, vol. v. p. 484. 62 HISTOET OF ENGLANB.' other occasions he was painted with a scabbard, but -with- out a sword, or with a sword which nobody could draw, though several were pulling at it.^ It was not from his negotiations with the emperor or the Duke of Bavaria that James expected any success in his project of restoring the Palatine : his eyes were entirely turned towards Spain ; and if he could effect his son's mar- riage with the infanta, he doubted not but that, after so in- timate a conjunction, this other point could easily be obtained. The negotiations of that court being commonly dilatory, it was not easy for a prince of so little penetration in business to distinguish whether the difficulties which occurred were real or affected ; and he was surprised, after negotiating five years on so simple a demand, that he was not more advanced than at the beginning. A dispensation from Rome was requisite for the marriage of the infanta with a Protestant prince ; and the King of Spain, having under- taken to procure that dispensation, had thereby acquired the means of retarding at pleasure or of forwarding the mar- riage, and at the same time of concealing entirely his artifices from the court of England. j In order to remove all obstacles, James despatched Digby, soon after created Earl of Bristol, as his ambassador to Philip IV., who had lately succeeded his father in the crown of Spain. He secretly employed Gage as his agent at Rome ; and finding that the difference of religion was the principal, if not the sole, difficulty which retarded the mar- riage, he resolved to soften that objection as much as possible. He issued public orders for discharging all popish recusants who were imprisoned ; and it was daily appre- hended that he would forbid, for the future, the execution of the penal laws enacted against them. For this step, so opposite to the rigid spirit of his subjects, he took care to apologize ; and he even endeavored to ascribe it to his great zeal for the reformed religion. He had been making appli- cations, he said, to all foreign princes for some indulgence to the distressed Protestants ; and he was still answered by objections derived from the severity of the English laws against Catholics.^ It might indeed occur to him that if the extremity of religious zeal were ever to abate among Christian sects, one of them must begin ; and nothino' would be more honorable for England than to have led the'^way in sentiments so wise and moderate. s Kennet, p. 749. * FranUyn, p. 69. Eushworth, vol. i. p. 63. HISTOEY OF ENGLAND. 63 Not only the religious Puritans murmured at this toler- ating measure of the king ; the lovers of civil liberty were alarmed at so important an exertion of prerogative. But, among other dangerous articles of authority, the Kings of England were at that time possessed of the dispensing power ; at least, were in the constant practice of exercising it. Besides, though the royal prerogative in civil matters was then extensive, the princes, during some late reigns, had been accustomed to assume a still greater in ecclesias- tical ; and the king failed not to represent the toleration of Catholics as a measure entirely of that nature. By James's concession in favor of the Catholics, he at- tained his end. The same religious motives which had hitherto rendered the court of Madrid insincere in all the steps taken with regard to the marriage were now the chief jcause of promoting it. By its means it was there hoped the English Catholics would for the future enjoy ease and indul- gence, and the infanta would be the happy instrument of procuring to the Church some tranquillity, after the many severe persecutions which it had hitherto undergone. . The Earl of Bristol, a minister of vigilance and penetration, and who had formerly opposed all alliance with Catholics,* was now fully convinced of the sincerity of Spain ; and he was ready to congratulate the king on the entire completion of his views and projects.' A daughter of Spain, whom he represents as extremely accomplished, would soon, he said, arrive in England, and bring with her an immense fortune of two millions of pieces of eight, or six hundred thousand pounds sterling — a sum four times greater than Spain had ever before given with any princess, and almost equal to all the money which the Parliament, during the whole course of this reign, had hitherto granted to the king. But what was of more importance to James's honor and happiness, Bristol considered this match as an infallible prognostic of the Palatine's restoration; nor would Philip, he thought, ever have bestowed his sister and so large a fortune under the prospect of entering next day into a war with England. So exact was his intelligence that the most secret counsels of the Spaniards, he boasts, had never escaped him;' and he found that they had all along considered the marriage of the infanta and the restitution of the Palatinate as measures 6 Rushworth, vol. i. p. 292. • Busiworth, TOl. i. p. 69. ' Kushworth, Tol. i. p. 272. 64 HISTORY OP ENGLAND. closely connected or altogether inseparable.' However little calculated James's character to extort so vast a con- cession, however improper the measures which he had pur- sued for attaining that end, the ambassador could not with- stand the plain evidence of facts by which Philip now demonstrated his sincerity. Perhaps, too, like a wise man, he considered that reasons of state, which are supposed solely to influence the councils of monarchs, are not always the motives which there predominate ; that the milder views of gratitude, honor, friendship, generosity, are frequently able, among princes as well as private persons, to counter- balance these selfish considerations ; that the justice and moderation of James had been so conspicuous in all these transactions, his reliance on Spain, his confidence in her friendship, that he had at last obtained the cordial alliance of that nation, so celebrated for honor and fidelity : or if politics must still be supposed the ruling motive of all public measures, the maritime power of England was so consider- able, and the Spanish dominions so divided, as might well induce the council of Philip to think that a sincere friend- ship with the masters of the sea could not be purchased by too great concessions.' And as James, during so many years, had been allured and seduced by hopes and protesta^ tions, his people enraged by delays and disappointments, it would probably occur thatthere was now no medium left between the most inveterate hatred and the most intimate alliance between the nations; not to mention that, as a new spirit began about this time to animate the councils of France, the friendship of England became every day more necessary to the greatness and security of the S'panish monarch. All measures being, therefore, agreed on between the parties, nsiught was wanting but the dispensation from Rome, which miglit be considered as a mere formality.^" The king, justified by success, now exulted in his pacific counsels, and boasted of his superior sagacity and pene- tration, when all these flattering prospects were blasted by the temerity of a man whom he had fondly exalted from a private condition to be the bane of himself, of his family, and of his people. •' K., n Y^i IV*^ ''/ "^"f^ letters between Philip IV. and the Conde Olivarez, shown by the latter to Buckingham, that the marriage and tlie restitution of thipTi atinate were a ways considered by the court of Spain as inseparable See Franklyn, pp. 71, 72. Enshworth vol. 1. pp. 71, 280, 299, 300. Pari. lUst vol vT P- SIS- • Franklyn, p. 72. lo Kushworth, vol. i p ee HISTOET OF ENGLAND. 65 Ever since the fall of Somerset, Buckingham had gov- erned, with an uncontrolled sway, both the court and nation ; and could James's eyes have been opened, he had now full opportunity of observing how unfit his favorite was iov the high station to which he was raised. Some accom- plishments of a courtier he possessed — of eyery talent of a minister he was utterly destitute. Headstrong in his pas- sions, and incapable equally of prudence and of dis- simulation ; sincere from violence rather than candor ; expensive from profusion more than generosity ; a warm fi'iend, a furious enemy, but without any choice or discern- ment in either : with these qualities he had early and quickly mounted to the highest rank, and partook at once of the insolence which attends a fortune newly acquired and the impetuosity which belongs to persons born in high stations and unacquainted with opposition. [1623.] Among those who had experienced the arrogance of this overgrown favorite, the Prince of Wales himself had not been entirely spared ; and a great coldness, if not an en- mity, had, for that reason, taken place between them. Buckingham, desirous of an opportunity which might con- nect him with the prince and overcome his aversion, and at the same time envious of the great credit acquired by Bris- tol in the Spanish negotiation, bethought him of an expe- dient by which he might at once gratify both these incli- nations. He represented to Charles that persons of his exalted station were peculiarly unfortunate in their mar- riage, the chief circumstance in life, and commonly re- ceived into their arms a bride unknown to them, to whom they were unknown ; not endeared by sympathy, not obliged by service ; wooed by treaties alone, by negotia- tions, by political interest ; that, however accomplished tlie infanta, she must still consider herself as a melan- choly victim of state, and could not but think wit-h aversion of that day when she was to enter the bed of a stranger, and, passing into a foreign country and a new family, bid adieu forever to her father's house and to her native land ; that it was in the prince's power to soften all these rigors, and lay such an obligation on her as would attach the most indifferent temper, as would warm the coldest affections ; that his journey to Madrid would be an unexpected gallantry which would equal all the fictions of Spanish romance, and, suiting the amorous and enterprising character of that nation, must immediately introduce him Vol. IV.— 5 66 HISTOEY OF ENGLAND. to the princess under the agreeable character of a devoted lover and daring adventurer; that the negotiations with regard to the Palatinate, which had hitherto languished in the hands of ministers, would quickly be terminated by so illustrious an agent, seconded by the mediation and en- treaties of the grateful infanta ; that Spanish generosity, moved by that unexampled trust and confidence, would make concessions beyond what could be expected from political views and considerations ; and that he would quickly return to the king with the glory of having re- established the unhappy Palatine by the same enterprise which procured him the affections and the person of the Spanish princess.^^ The mind of the young prince, replete with candor, was inflamed by these generous and romantic ideas, suggested by Buckingham. He agreed to make application to the king for his approbation. They chose the moment of his kindest and most jovial humor, and, more by the earnest- ness which they expressed than by the force of their reasons, they obtained a hasty and unguarded consent to their un- dertaking ; and, having engaged his promise to keep their purpose secret, they left him in order to make preparations for the journey. No sooner was the king alone than his temper, more cautious than sanguine, suggested very different views of the matter, and represented, every difficulty and danger which could occur. He reflected that, however the world might pardon this sally of youth in the prince, they would never forgive himself, who, at his years and after his experience, could intrust his onlj' son, the heir of his crown, the prop of his age, to the discretion of foreigners, without so much as providing the frail security of a safe-conduct in his favor ; that if the Spanish monarch were sincere in his professions, a few months must finish the treaty of marriage and bring the infanta into England ; if he were not sincere, the folly was still more egregious of committing the prince into his hands ; that Philip, when possessed of so invaluable a pledge, might well rise in his demands and impose harder conditions of treaty ; and that the temerity of the enter- prise was so apparent that the event, how prosperous soever, could not justify it; and if disastrous, it would render himself infamous to his people and ridiculous to all posterity.'''' « Clarendon, vol. i. pp. 11, 12. u Clarendon, vol. i. p. I4. HISTOEY OF ENGLAND. 67 Tormented with these reflections, as soon as the prince and Buckingham returned for their despatches, he informed them of all the reasons which had determined him to change his resolution, and he begged them to desist from so foolish an adventure. The prince received the disappointment with sorrowful submission and silent tears ; Buckingham presumed to speak in an imperious tone, which he had ever experienced to be prevalent over his too easy master. He told the king that nobody for the future would believe any- thing he said when he retracted so soon the promise so solemnly given ; that he plainly discerned this change of resolution to pi-oceed from another breach of his word in communicating the matter to some rascal who had furnished him with those pitiful reasons which he had alleged, and he doubted not but he should hereafter know who his coun- sellor had been ; and that if he receded from what he had promised, it would be such a disobligation to the prince, who had now set his heart . upon the journey aftfer his majesty's approbation, that he could never forget it, nor forgive any man who had been the cause of it.^^ The king, with great earnestness, fortified by many oaths, made his apology by denying that he had commu- nicated the matter to. any ; and, finding himself assailed as well by the boisterous importunities of Buckingham as by the warm entreaties of his son, whose applications had hitherto on other occasions been always dutiful, never earnest, he had again the weakness to assent to their pur- posed journey. It was agreed that Sir Francis Cottington alone, the prince's secretar}-, and Endymion Porter, gen- tleman of his bedchamber, should accompany them ; and the former being at that time in the antechamber, he was im- mediately called in by the king's orders. James told Cottington that he had always been an honest man, and therefore he was now to trust him in an affair of the highest importance, which he was not, upon his life, to disclose to any man whatever. " Cottington," added he, " here is baby Charles and Stenny " (these ridiculous appellations he usually gave to the prince and Bucking- ham), " who have a great mind to go post into Spain and fetch home the infanta : they will have but two more in their company, and have chosen you for one. What think you of the journey ? " Sir Francis, who was a prudent man, and had resided some years in Spain as the king's 13 Clarendon, vol. i. p. 16. 68 HISTOEY OF ENGLAND. agent, was struck with all the obvious objections to such an enterprise, and scrupled not to declare them. The king threw himself upon his bed, and cried, " I told you this before ;" and fell into a new passion and new lamentations, complaining that he was undone, and should lose baby Charles. The prince showed by his countenance that he was ex- tremely dissatisfied by Cottington's discourse, but Bucking- ham broke into an open passion against him. The king, he told him, asked him only of the journey, and of the manner of travelling, particulars of which he might be a competent judge, having gone the road so often by post ; but that he, without being called to it, had the presumption to give his advice upon matters of state and against his master, which he should repent as long as he lived. A thousand other re- proaches he added, which put the poor king into a new agony in behalf of a servant who, he foresaw, would suffer for answering him honestly. Upon which he said, with some emotion, "Nay, by God, Stenny, you are much to blame for using him so : he answered me directly to the question which I asked him, and very honestly and wisely ; and yet, you know, he said no more than I told you before he was called in." However, after all this passion on both sides, James renewed his consent, and proper dii-ections were given for the journey ; nor was he now at any loss to discover that the whole intrigue was originally contrived by Buckingham, as well as pursued violently by his spirit and impetuosity. These circumstances, which so well characterize, the per- sons, seem to have been related by Cottington to Lord Clarendon, from whom they are here transcribed ; and, though minute, are not undeserving of a place in history. The prince and Buckingham, with their two attendants, and Sir Richard Graham, master of horse to Buckingham, passed disguised and undiscovered through France ; and they even ventured into a court ball at Paris, where Charles saw the Princess Henrietta, whom he afterwards espoused, and who was at that time in the bloom of youth and beauty. In eleven days after their departure from London they ar- rived at Madrid, and s.irprised everybody by a step so un- usual among great princes. The Spanish monarch imme- diately paid Charles a visit, expressed the utmost gratitude for the confidence reposed in him, and made warm protes- tations of a correspondent confidence and friendship. By HISTORY OF ENGLAND. 69 the most studious civilities, he showed the respect which he bore to his royal guest. He gave him a golden key which opened all his apartments, that the prince might, without any introduction, have access to him at all hours ; he took the left hand of him on every occasion, except in the apart- ments assigned to Charles — for there, he said, the prince was at home ; Charles was introduced into the palace with the same pomp and ceremony that attends the Kings of Spain on their coronation ; the council received public orders to obey him as the king himself ; Olivarez, too, though a grandee of Spain, who has the right of being covered before his own king, would not put on his hat in the prince's pres- ence ; " all the prisons of Spain were thrown open, and all the prisoners received their freedom, as if the event the most honorable and most fortunate had happened to the monarchy ; ^^ and every sumptuary law with regard to ap- parel was suspended during Charles's residence in Spain. The infanta, however, was only shown to her lover in pul)- lic, the Spanish ideas of decency being so strict as not to allow of any further intercourse till the arrival of the dis- pensation.^^ The point of honor was carried so far by that generous people that no attempt was made, on account of the advan- tage which they had acquired, of imposing any harder con- ditions of treaty. Their pious zeal only prompted them, on one occasion, to desire more concessions in the religious articles ; but upon the opposition of Biistol, accompanied •with sbme reproaches, they immediately desisted. The pope, however, hearing of the prince's arrival in Madrid, tacked some new clauses to the dispensation ; " and it be- came necessary to transmit the articles to London, that the king might ratify them. This treaty, which was made pub- lic, consisted of several articles, chiefly regarding the exer- cise of the Catholic religion by the infanta and her house- hold. Nothing could reasonably be found fault with, except one article, in which the king prornised that the children should be educated by the princess till ten years of age. This condition could not be insisted on but with a view of seasoning their minds with Catholic princijales ; and though so tender an age seemed a sufficient security against the- ological prejudices, yet the same reason which made the " Franklyn, p. 73. '" Franklyn, p. 74. JO KuBhworth, vol. j. p. 77. " Eushworth, vol. i. p. 81. 70 HISTORY OF ENGLAND. pope insert ttat article should have induced the king to re- ject it. Besides the public treaty, there were separate articles, privately sworn to by the king, in which he promised to suspend the penal laws enacted against Catholics, to procure a repeal of them in Parliament, and to grant a toleration for the exercise of the Catholic religion in private houses.^* Great murmurs, we may believe, would have arisen aganist these articles, had they been made known to the public ; since we find it to have been imputed as an enormous crime to the prince that, having received, about this time, a very civil letter from the pope, he was induced to return a very civil answer.''' Meanwhile, Gregory XV., who granted the dispensation, died, and Urban VIII. was chosen in his place. Upon this event the nuncio refused to deliver the dispensation till it should be renewed by Urban ; and that crafty pontiff de- layed sending a new dispensation, in hopes that, during the prince's residence in Spain, some expedient might be fallen upon to effect his conversion. The King of England, as well as the prince, became impatient. On the first hint, Charles obtained permission to return, and Philip graced his departure with all the circumstances of elaborate civil- ity and respect which had attended his reception. He even erected a pillar on the spot where they took leave of each other, as a monument of mutual friendship ; and the prince, having sworn to the observance of all the articles, entered on his journey, and embarked on board the English fleet at St. Andero. The character of Charles, composed of decency, reserve, modesty, sobriety — virtues so agreeable to the manners of the Spaniards ; the unparalleled confidence which he had re- posed in their nation; the romantic gallantry which he had practised towards their princess ; all these" circumstances, joined to his youth and advantageous figure, had endeared him to the whole court of Madrid, and had impressed the most favorable ideas of him.'^" But in the same proportion that the prince was beloved and esteemed was Buckingham despised and hated. His behavior, composed of Errglish familiarity and French vivacity; his sallies of passion; his indecent freedoms with the prince ; his dissolute pleas- '8 Franklyn, p. 80. Eushworth, vol. i. p. 89. Kennet, p. 769. " Rushworth, vol. i. p. 82. Franklyn, p. 77. " Franklyn, p. 80. Eushworth, vol. i. p. 103. HISTORY OP ENGLAND. 71 ures ; his arrogant, impetuous temper, which he neither could nor cared to disguise — qualities like these could, most of them, be esteemed nowhere, but to the Spaniards were the objects of peculiar aversion." They could not conceal their surprise that such a youth could intrude into a negoti- ation now conducted to a period by so accomplished a min- ister as Bristol, and could assume to himself all the merit of it ; they lamented the infanta's fate, who must be ap- proached by a man whose temerity seemed to respect no laws, divine or human ;^^ and when they observed that he had the imprudence to insult the Conde Duke of Olivarez, their prime minister, every one who was ambitious of paying court to the Spanish became desirous of showing a contempt for the English favorite. The Duke of Buckingham told Olivarez that his own at- tachment to the Spanish nation and to the King of Spain was extreme, that he would contribute to every measure which could cement the friendship between England and them, and that his peculiar ambition would be to facilitate the prince's marriage with the infanta ; but he added, with a sincerity equally insolent and indiscreet, " With regard to you, sir, in particular, you must not consider me as your friend, but must ever expect from me all possible enmity and opposition." The Conde Duke replied, with a beconi- ing dignity, that he very willingly accepted of what was proffered him ; and on these terms the favorites parted.^" Buckingham, sensible how odious he was become to the Spaniards, and dreading the influence which that nation would naturally acquire after the arrival of the infanta, re- solved to employ all his credit in order to prevent the mar- riage. By what arguments he could engage the prince to offer such an insult to the Spanish nation, from whom he had met with such generous treatment ; by what colors he could disguise the ingratitude and imprudence of such a measure — these are totally unknown to us. We may only conjecture that the many unavoidable causes of delay which had so long prevented the arrival of the dispensation had afforded to Buckingham a pretence for throwing on the Spaniards the imputation of insincerity in the whole treaty. It also ap- pears that his impetuous and domineering character had ac- quired, what it ever after maintained, a total ascendant over the gentle and modest temper of Charles ; and when the 21 Kushworth, vol. i. p. 101. m Clarendon, vol. i. p. 36. 23 EaBhwortli, toI. i. p. 103. Clarendon, vol. i. p. 37. 72 HISTORY OF ENGLAND. prince left Madrid he was firmly determined, notwithstand- ing all his professions, to break off the treaty with Spain. It is not likely that Buckingham prevailed so easily with James to abandon a project which, during so many years, bad been the object of all his wishes, and which he had now unexpectedly conducted to a happy period.^ A rupture with Spain, the loss of two millions, were prospects little agreeable to this pacific and indigent monarch; but finding - his only son bent against a match which had always been opposed by his people and his Parliament, he yielded to difficulties which he had not courage or strength of mind sufficient to overcome. The prince, therefore, and Buck- ingham, on their arrival at London, assumed entirely the direction of the negotiation, and it was their business to seek for pretences, by which they could give a color to their in- tended breach of treaty. Though the restitution of the Palatinate had ever been considered by James as a natural or necessary consequence of the Spanish alliance, he had always forbidden his minis- ters to insist on it as a preliminary article to the conclusion of the marriage treaty. He considered that this principality was now in the hands of the emperor and the Duke of Ba- varia; and that it was no longer in the King of Spain's power, by a single stroke of his pen, to restore it to its an- cient master. The strict alliance of Spain with these princes would engage Philip, he thought, to soften so disagreeable a demand by every art of negotiation ; and many articles must of necessity be adjusted before such an important point could be effected. It was suflicient, in James's opinion, if the sincei-ity of the Spanish court could for the present be ascertained ; and, dreading further delays of the marriarosecu- tion of this noble principle into all its natural conscr(uences has at last, through many contests, produced that sino-ular and happy government which we enjoy at prescnt.^i ° The House of Commons also corroborated, by a new precedent, the important power of impeachment, which, two 3» See note [F] at the end o£ the volume. ss Kushworth, vol. i, p 137 *" Less than three hundred thousand pounds. *' See jiote [GJ at the cud of the volume.. HISTORY OF ENGLAND. 77 years before, they had exercised in the case of Chancellor Bacon, and which had lain dormant for near two centuries, exceiJt when they served as instruments of royal vengeance. The Earl of Middlesex had been raised, by Buckingham's interest, from the rank of a London merchant to be treas- urer of England ; and, by his activity and address, seemed not unworthy of that preferment. But as he incurred the displeasure of his patron by scrupling or refusing some de- mands of money during the prince's residence in Spain, that favorite vowed revenge, and employed all his credit among the Commons to procure an impeachment of the treasurer. The king was extremely dissatisfied with this measure, and prophesied to the prince and duke that they would live to have their fill of parliamentary prosecutions.*^ In a speech to the Parliament, he endeavored to apologize for Middle- sex, and to soften the accusation against him.*^ The charge, however, was still maintained by the Commons ; and the treasurer was found guilty by the Peers, though the misde- meanors proved against him were neither numerous nor im- portant. The accepting of two presents of five hundred pounds apiece, for passing two patents, was the article of greatest weight. His sentence was to be fined fifty thou- sand pounds for the king's use, and to suffer all the other penalties formerly inflicted upon Bacon. The fine was afterwards remitted by the prince when he mounted the throne. This session an address was also made, very disagree- able to the king, craving the severe execution of the laws against Catholics. His answer was gracious and conde- scending;" though he declared against persecution as be- ing an improper measure for the suppression of any relig- ion, according to the received maxim "that the blood of the martyrs was the seed of the Church." He also condemned an entire indulgence of the Catholics, and seemed to repre- sent a middle course as the most humane and most politic. He went so far as even to affirm, with an oath, that he never had entertained any thoughts of granting a toleration to these religionists." The liberty of exercising their wor- ship in private houses, which he had secretly agreed to in the Spanish treaty, did not appear to him deserving that name, and it was probably by means of this explication he thought that he had saved his honor ; and as Buckinghafn, « Clarendon, vol. i. p. 23. '^ Parliamentary History, vol. vi. p. 19. " Franklyn, pp. 101, 102. « See, further, Frauklyn, p. 87. 78 IIISTOKY or ENGLAND. in his narrative," confessed that the king had agreed to a temporary suspension of the penal laws against the Catho- lics, which he distinguished from a toleration, a term at that time extremely odious, James naturally deemed his meaning to be sufficiently explained, and feared not any reproach of falsehood or duplicity on account of this asseveration. After all these transactions, the Parliament was prorogued by the king, who let fall some hints, though in gentle terms, of the sense which he entertained of their unkindness in not sup- plying his necessities." James, unable to resist so strong a combination as that of his people, his Parliament, his son, and his favorite, had been compelled to embrace measures for which, from tem- per as well as judgment, he had ever entertained a most set tied aversion. Though he dissembled his resentment, he began to estrange himself from Buckingham, to whom he ascribed all those violent counsels, and whom he considered as the author both of the prince's journey to Spain and of the breach of the marriage treaty. The arrival of Bristol he impatiently longed for ; and it was by the assistance of that minister, whose wisdom he respected and whose views he approved, that he hoi:)ed in time to extricate himself from his present difficulties. During the prince's abode in Spain, that able negotiator had ever opposed, though unsuccessfully, to the impetuous measures suggested by Buckingham his own Avise and well- tempered counsels. After Chai-les's departure he still, upon the first appearance of a change of resolution, interposed his advice, and strenuously insisted on the sincerity of the Spaniards in the conduct of the treaty as well as the advan- tages which England must reap from the completion of it. Enraged to find that his successful labors should be rendered abortive by the levities and caprices of an insolent minion, he would understand no hints ; and nothing but express orders from his master could engage him to make that de- mand which he was sensible must put a final period to the treaty. He was not therefore surprised to hear that Buck- ingham had declared himself his open enemy, and, on all occasions, had thrown out many violent reflections against him. Nothing could be of greater consequence to Buckingham than to keep Bristol at a distance, both from the kin? and the Parliament, lest the power of truth enforced by so%vell- *' Parliamentary History, vol. yi. p. 37. *' Franklyn, p. 103. HISTORY OF ENGLAND. 79 informed a speaker should open scenes which were but sus- pected by the former, and of which the latter had as yet entertained no manner of jealousy. He applied, therefore, to James, whose weakness, disguised to himself under the appearance of finesse and dissimulation, was now become absolutely incurable. A warrant for sending Bristol to the Tower was issued immediately upon his arrival in England ; ^' and though he was soon released from confinement, yet or- ders were carried him from the king to retire to his country- seat and to abstain from all attendance in Parliament. He obeyed ; but loudly demanded an opportunity of justifying himself, and of laying his whole conduct before his master. On all occasions he protested his innocence, and threw on his enemy the blame of every miscarriage. Buckingham, and at his instigation the prince, declared that they would be reconciled to Bristol if he would but acknowledge his errors and ill-conduct ; but the spirited nobleman, jealous of his honor, refused to buy favor at so high a price. James had the equity to say that the insisting on that condition was a strain of unexampled tyranny ; but Buckingham scrupled not to assert, with his usual presumption, that neither the king, the prince, nor himself, was as yet satisfied of Bristol's innocence.^' While the attachment of the prince to Buckingham, while the timidity of James, or the shame of changing his favorite, kept the whole court in awe, the Spanish ambas- sador, Inoiosa, endeavored to open the king's eyes, and to cure his fears by instilling greater fears into him. He pri- vately slipped into his hand a paper, and gave him a signal to read it alone. He there told him that he was as much a prisoner at London as ever Francis I. was at Madrid ; that the prince and Buckingham had conspired together and had the whole court at their devotion ; that cabals among the pop- ular leaders in Pai-liament were carrying on to the extreme prejudice of his authority ; that the project was to confine him to some of his hunting-seats, and to commit the whole administration to Charles ; and that it was necessary for him by one vigorous effort to vindicate his authority and to punish those who had so long and so much abused his friend- ship and beneficence.^ What credit James gave to this representation does not appear. He only discovered , some faint symptoms, which " Eushworth, vol. i. p. 145. <' Rushworth, vol. i. p. 259. '» Eushworth, vol. i. p. 144. Hacket's Life ol Williams. Coke, p. 107. 80 HISTOEY OF ENGLAND. he instantly retracted, of dissatisfaction with Buckingham. All his public measures, and all the alliances into which he entered, were founded on the system of enmity to the Aus- trian family and of war to be carried on for the recovery of the Palatinate. The States of the United Provinces were at this time governed by Maurice ; and that aspiring prince, sensible that his credit would languish during peace, had, on the expira- tion of the twelve years' truce, renewed the war with the Spanish monarchy. His great capacity in the military art would have compensated the inferiority of his forces, had not the Spanish armies been commanded by Spinola, a gen- eral equally renowned for conduct and more celebrated for enterprise and activity. In such a situation nothing could be more welcome to the republic than the prospect of a rupture between James and the Catholic king; and they flattered themselves, as well from the natural union of in- terests between them and England as from the influence of the present conjuncture, that powerful succors would soon march to their relief. Accordingly, an army of six thousand men was levied in England and sent over to Holland, com- manded by four young noblemen — Essex, Oxford, South- ampton, and Willoughby — who were ambitious of distinguish- ing themselves in so popular a cause, and of acquiring mili- tary experience under so renowned a captain as Maurice. It might have been reasonably expected that as religious zeal had made the recovery of the Palatinate appear a point of such vast importance in England, the same effect must have been produced in France by the force merely of po- litical views and considerations. While that principality remained in the hands of the house of Austria, the French dominions were surrounded on all sides by the possessions of that ambitious family, and might be invaded by superior forces from every quarter. It concerned the King of France, therefore, to prevent the peaceable establishment of the emperor in his new conquests ; and both by the situation and greater power of his state he was much better enabled than James to give succor to the distressed Palatine." But though these views escaped not Louis, nor Cardinal Riche- lieu, who now began to acquire an ascendant in the French court, that minister was determined to pave the way for his enterprises by first subduing the Huguenots, and thence to proceed by mature counsels to humble the house of Austria. '^ See Collection of State Papers by the Earl of Clarendon, p, 393. HISTORY OF ENGLAND. 81 The prospect, however, of a conjunction with England was . presently embraced, and all imaginable encouragement was given to every proposal for conciliating a marriage between Charles and the Princess Henrietta. Notwithstanding the sensible experience which James might have acquired of the insurmountable antipathy enter- tained by his subjects against an alliance with Catholics, he still persevered in the opinion that his son would be de- graded by receiving into his bed a princess of less than royal extraction. After the rupture, therefore, with Spain, nothing remained but an alliance with France ; and to that court he immediately applied himself.''' The same allure- ments had not here place which had so long entangled him in the Spanish negotiation. The portion promised was much inferior, and the peaceable restoration of the Palatine could not thence be expected. But James was afraid lest his son should be altogether disappointed of a bride ; and, therefore, as soon as the French king demanded, for the honor of his crown, the same terms which had been granted to the Span- ish, he was prevailed with to comply. And as the prince during his abode in Spain, had given a verbal promise to allow the infanta the education of her children till the age of thirteen, this article was here inserted in the treaty ; and to that imprudence is generally imputed the present dis- tressed condition of his posterity. The court of England, however, it must be confessed, always pretended, even in their memorials to the French court, that all the favorable condi- tions granted to the Catholics were inserted in the marriage treaty merely to please the pope, and that their strict exe- cution was, by an agreement with France, secretly dis- pensed with.'' As much as the conclusion of the marriage treaty was acceptable to the king, as much were all the military enter- prises disagreeable, both from the extreme difficulty of the undertaking in which he was engaged and from his own incapacity for such a scene of action. During the Spanish negotiation, Heidelberg and Man- heim had been taken by the imperial forces ; and Franken- dale, though the garrison was entirely English, was closely besieged by them. After reiterated remonstrances from James, Spain interposed and procured a suspension of arms during eighteen months. But as Frankendale was the only place of Frederick's ancient dominions which was still in his '2 Eusliworth, vol. i. p. 152. "' See note [H] at the end of the volume. Vol. IV.— 6 82 HISTORY OF ENGLAND. hands, Ferdinand, desirous of withdrawing his forces from the Palatinate, and of leaving that state in security, was unwilling that so important a fortress should remain in the possession of his enemy. To compromise all differences, it was agreed to sequestrate it into the hands of the infanta as a neutral person ; upon condition that, after the expiration of the truce, it should be delivered to Frederick, though peace should not at that time be concluded between him and Fer- dinand.^* After the unexpected rupture with Spain, the infanta, when James demanded the execution of the treaty, offered him peaceable possession of Frankendale, and even promised a safe-conduct for the garrison through the Span- ish Netherlands. But there was some territory of the empire interposed between her state and the Palatinate ; and for passage over that territory no terms were stipulated.^' By this chicane, which certainly had not been employed if amity with Spain had been preserved, the Palatine was totally dispossessed of his patrimonial dominions. The English nation, however, and James's warlike coun- cil were not discouraged. It was still determined to recon- quer the Palatinate — a state lying in the midst of Germany, possessed entirely by the emperor and Duke of Bavaria, surrounded by potent enemies, and cut off from all com- munication with England. Count Mansfeldt was taken into pay, and an English army of twelve thousand foot and two hundred horse was levied by a general press throughout the kingdom. During the negotiation with France vast promises had- been made, though in general terms, by the French ministry, not only that a free passage should be granted to the English troops, but that powerful succor should also join them in their march towards the Palatinate. In Eng- land, all these professions were hastily interpreted to be positive engagements. The troops under Mansfeldt's com- mand were embarked at Dover ; but, upon sailing over to Calais, found no orders yet arrived for their admission. After waiting in vain during some time, they were obliged to sail towards Zealand, where it had also been neglected to concert proper measures for their disembarkation; and some scruples arose among the States on account of the scarcity of provisions. Meanwhile a pestilential distemper crept in among the English forces, so long cooped up in nar- row vessels. Half the army died while on board ; and the other half, weakened by sickness, appeared too small a body " Kusliworth, vol. i. p. 74. « Eushworth, vol. I. p. 15^ HISTORY OF ENGLAND. 83 to march into the Palatinate.^' And thus ended this ill-con- certed and fruitless expedition, the only disaster which hap- pened to England during the prosperous and pacific reign of James. [1625.] That reign was now drawing towards a con- clusion. With peace, so successfully cultivated and so pas- sionately loved by this monarch, his life also terrhinated. This spring hje was seized with a tertian ague ; and when encouraged by his courtiers with the common proverb that such a distemper, during that season, was health for a king, he replied that the proverb was meant for a young king. After some fits he found himself extremely weakened, and sent for the prince, whom he exhorted to bear a tender af- fection for his wife, but to preserve a constancy in religion^ to protect the Church of England, and to extend his care towards the unhappy family of the Palatine." With de- cency and courage he prepared himself, for his end ; and he expired on the 27th of March, after a reign over England of twenty-two years and some days, and in the fifty-ninth year of his age. His reign over Scotland was almost of equal duration with his life. In all history it would be diflicult to find a reign less illustrious, yet more unspotted and unblem- ished, than that of James in both kingdoms. No prince, so little enterprising and so inoffensive, was ever so much exposed to the opposite extremes of calumny and flattery, of satire and panegyric ; and the factions which began in his time, being still continued, have made his char- acter be as much disputed to this day as is commonly that of princes who are our contemporaries. Many virtues, how- ever, it must be owned, he was possessed of; but scarce any of them pure or free from the contagion of the neighboring vices. His generosity bordered on profusion, his learning on pedantry, his pacific disposition on pusillanimity, his wis- dom on cunning, his friendship on light fancy and boyish fondness. While he imagined that he was only maintaining his own authority, he may perhaps be suspected, in a few of his actions, and still more of his pretensions, to have some- what encroached on the liberties of his people; while he endeavored, by an exact neutrality, to acquire the good- will of all his neighbors, he was able to preserve fully the esteem and regard of none. His capacity was considerable, but fitter to discourse on general maxims than to conduct B6 Franklyn, p. 104. Eushworth, Tol. i. p. 154. Dugdale, p. 24. 67 Kiisiwortii, vol. i. p. 155. 84 HISTOEY OF ENGLAND. any intricate business ; his intentions were just, but more adapted to the conduct of private life than to the govern- ment of kingdoms. Awkward in his person and ungainly in his manners, he was ill qualified to command respect ; partial and undiscerning in his affections, he was little fitted to acquire general love. Of a feeble temper more than of a fi-ail judgment; exposed to our ridicule from his vanity, but exempt from our hatred by his freedom from pride and arrogance. And, upon the whole, it may be pronounced of his character that all his qualities were sullied with weak- ness and embellished by humanity. Of political courage he certainly was destitute ; and thence chiefly is derived the strong prejudice which prevails against his personal bravery — an inference, however, which must be owned, from gen- eral experience, to be extremely fallacious. He was only once married, to Anne of Denmark, who died on the 3rd of March, 1619, in the forty-fifth year of her age : a woman eminent neither for her vices nor her virtues. She loved shows and expensive amusements, but possessed little taste in her pleasures. A great comet appeared about the time of her death, and the vulgar esteemed it the prog- nostic of that event. So considerable in their eyes are even the most insignificant princes. He left only one son, Charles, then in the twenty-fifth year of his age, and one daughter, Elizabeth, married to the Elector Palatine. She was aged twenty-nine years. Those alone remained of six legitimate children born to him. He never had any illegitimate ; and he never discovered any tendency, even the smallest, towards a passion for any mis- tress. The archbishops of Canterbury, during this reign, were Whitgift, who died in 1604 ; Bancroft, in 1610 ; Abbot, who survived the king. The chancellors. Lord Ellesmore, who resigned in 1617; Bacon was first lord keeper till 1619; then was created chancellor, and was displaced in 1621; Williams, Bishop of Lincoln, was created lord keeper in his place. The high treasurers were the Earl of Dorset, who died in 1609; the Earl of Salisbury, in 1612; the Earl of Suffolk, fined and displaced for bribery in 1618 ; Lord Man- deville, resigned in 1621; the Earl of Middlesex, displaced* in 1624 ; the Earl of Marlborough succeeded. The lord admirals were the Earl of Nottingham, who resigned in 1618; the Earl, afterwards Duke, of Buckingham. The secretaries of state were the Earl of Salisbury, Sir Ralph HISTOET OF ENGLAND. 85 Winwood, Nanton, Calvert, Lord Conway, Sir Albertus Moreton. The numbers of the House of Lords in the first Parlia- ment of this reign were seventy-eight temporal peers. The numbers in the lirst Parliament of Charles were ninety-seven. Consequently James, during that period, created nineteen new peerages above those that expired. The House of Commons, in the first' Parliament of this reign, consisted of four hundred and sixty-seven members. It appears that four boroughs revived their chai-ters, which they had formerly neglected. And as the first Parliament of Charles consisted of four hundred and ninety-four mern. bers, we may infer that James created ten new boroughs. 86 HISTORY OF ENGLAND. APPENDIX TO THE EEIGN OP JAMES 1/ CIVIL GOVERNMENT OF ENGLAND DURING THIS PERIOD. EC- CLESIASTICAL GOVERNMENT. MANNERS. FINANCES. NAVY. COMMERCE. MANUFACTURES. COLONIES. LEARNING AND ARTS. It may not be improper, at this period, to make a pause, and to take a survey of the state of the kingdom with regard to government, manners, finances, arms, trade, learning. Where a just notion is not formed of these particulars, his- tory can be little instructive, and often will not be intelli- gible. We may safel}' pronounce that the English government, at the accession of tlie Scottish line, was much more arbi- trary than it is at present ; the prerogative less limited, tho liberties of the subject less accurately defined and secured. Without mentioning other particulars, the courts alone of high commission and Star-chamber were sufficient to lay the wl»le kingdom at the mercy of the prince. The court of high commission had been erected by Eliza- beth, in consequence of an act of Parliament passed in the beginning of her reign. By this act it was thought proper, during the great revolution of religion, to arm the sovereign with full powers, in order to discourage and suppress oppo- sition. AH appeals from the inferior ecclesiastical courts were carried before the high commission, and, of conse- quence, the whole life and doctrine of the clergy lay directly under its inspection. Every breach of the act of uniformity, every refusal of the ceremonies, was cognizable in this court, and during the reign of Elizabeth had been punished by deprivation, by fine, confiscation, and imprisonment. James contented himself with the gentler penalty of deprivation ; nor was that punishment inflicted with rigor on every > Thi histovy of the house of Stuart was written and puhlished by the authot before thi-. history o£ the house of Tudor. Hence it happens that some pa8sa<'es particularly in the present Appendix, may seem to be repetitions of what was formerly delivered in the reign of Elizabeth.' The author, in order to obviate this obiection, has cancelled some few passages iu the foregoing chapters. mSTOEY OF ENGLAND. 87 offender. Archbishop Spotswood tells us that he was in- formed by Bancroft, the primate, several years after the king's accession, that not above forty-five clergymen had then been deprived. All the Catholics, too, were liable to be punished by this court if they exercised any act of their religion, or sent abroad their children or other relations to receive that education which they could not procure them in their own country. Popish priests were thrown into prison, and might be delivered over to the law, which punished them with death, though that severity had been sparingly exer- cised by Elizabeth, and never almost by James. In a word, that liberty of conscience which we so highly and so justly value at present was totally suppressed ; and no exercise of any religion but the established was permitted throughout the kingdom. Any word of writing which tended towards heresy or scliism was punishable by the high commissioners, or any three of them : they alone were judges what ex- pressions had that tendency. They proceeded not, by in- formation, but upon rumor, suspicion, or according to their discretion ; they administered an oath by which the party cited before them was bound to answer any question which should be propounded to him. Whoever refused this oath, though he pleaded ever so justly that he might thereby be brought to accuse himself, or his dearest friend, was pun- ishable by imprisonment ; and, in short, an inquisitorial tribunal, with all its terrors and iniquities, was erected in the kingdom. Full discretionary powers were bestowed with regard to the inquiry, trial, sentence, and penalty in- flicted ; excepting only that corporal j)unishments were restrained by that patent of the prince which erected the court, not by the act of Parliament which empowered him. By reason of the uncertain limits which separate ecclesiasti- cal from civil causes, all accusations of adultery and incest were tried by the court of high commission, and every com- plaint of wives against their husbands was there examined and discussed.'' On like pretences, every cause which re- garded conscience — that is, every cause — could have been brought under their jurisdiction. But there was a sufficient reason why the king would not be solicitous to stretch the jurisdiction of this court : the Star-chamber possessed the same authority in civil matters, and its methods of proceeding were equally arbi- trary and unlimited. The origin of this court was derived ' Kyuier, vol. xvii. p. 20fl. L 88 HISTOEY OF ENGLAND. from the most remote antiquity,' though it is pretended that its power had first been carried to the greatest height by- Henry VII. In all times, however, it is confessed, it en- joyed authority, and at no time was its authority circum- scribed or method of proceeding directed by any law or statute. We have had already, or shall have, sufficient occasion, during the course of this history, to mention the dispensing power, the power of imprisonment, of exacting loans ■" and benevolence, of pressing and quartering soldiers, of altering the customs, of erecting monopolies. These branches of power, if not directly opposite to the principles of all free government, must at least be acknowledged dangerous to freedom in a monarchical constitution, where an eternal jealousy must be preserved against the sovereign, and no discretionary powers must ever be intrusted to him by which the property or personal liberty of any subject can be affected. The Kings of England, however, had almost con- stantly exercised these powers ; and if on any occasion the prince had been obliged to submit to laws enacted against them, he had ever in practice eluded these laws and returned to the same arbitrary administration. Durmg almost three centuries before the accession of James, the regal authority in all these particulars had never once been called in ques- tion. We may also observe that the principles in general which prevailed during that age were so favorable to monarchy that they bestowed on it an authority almost absolute and unlimited, sacred and indefeasible. The meetings of Parliament were so precarious, their sessions so short compared to the vacations, that, when men's eyes were turned upwards in search of sovereign power, the prince alone was apt to strike them as the only permanent magistrate invested with the whole majesty and authority of the state. The great complaisance, too, of par- liaments during so long a period had extremely degraded and obscured those assemblies ; and as all instances of oi> position to prerogative must have been drawn from a remote age, they were unknown to a great many, and had the less » KuBhworth, vol. ii. p. 473. In Chambers's case, it was the unanimous opin- ion of the court of King's Bench that the court of Star-chamber was not de- rived from the statute of Henry VII. , but was a court many years before and one of the mosfhigh and honorable courts of justice. See Coke's Rep term Mich. 5 Car. I. See, further, Camden's Brit. vol. i. Introd. p. 264, edit, of Gibson * During several centuries, no reign had passed without some forced loans from the subject. HISTORY OF ENGLAND. 89 authority even with those who were acquainted with them. These examples, besides, of liberty had commonly, in ancient times, been accompanied with such circumstances of vio- lence, convulsion, civil war, and disorder that they presented but a disagreeable idea to the inquisitive part of the people, and afforded small inducement to renew such dismal scenes. By a great many, therefore, monarchy, simple and unmixed, was conceived to be the government of England; and those popular assemblies were supposed to foi-m only the orna- ment of the fabric, without being in any degree essential to its being and existence.^ The prerogative of the crown was represented by lawyers as something real and durable ; like those eternal essences of the schools which no time or force could alter. The sanction of religion was by divines called in aid, and the Monarch of heaven was supposed to be inter- ested in supporting the authority of his earthly vicegei'ent. And though it is pretended that these doctrines were more openly inculcated and more strenuously insisted on during the reign of the Stuarts, they were not then invented ; and were only found by the court to be more necessary at that period, by reason of the opposite doctrine which began to be promulgated by the puritanical party.* In consequence of these exalted ideas of kingly authority, the prerogative, besides the articles of jurisdiction founded on pi-ecedent, was by many supposed to possess an in- exhaustible fund of latent powers which might be exerted on any emergency. In every government, necessity, when real, supersedes all laws and levels all limitations ; but in the English government, convenience alone was conceived to authorize any extraordinary act of regal power, and to render it obligatory on the people. Hence the strict obedience required to proclamations during all periods of the English history ; and if James has incurred blame on account of his edicts, it is only because he too frequently is- sued them at a time when they began to be less regarded, not because he fii'st assumed or extended to an unusual de- gree that exercise of authority. Of his maxims in a parallel case, the following is a pretty remarkable instance : Queen Elizabeth had appointed commissioners for the inspection of prisons, and had bestowed on them full dis- cretionary powers to adjust all differences between prisoners and their creditors, to compound debts, and to give liberty 6 See note [I] at the end of the volume. » See note [K] at the end of the volume. 90 HISTORY OP ENGLAND. to such debtors as they found honest and insolvent. From the uncertain and undefined nature of the English constitu- tion, doubts sprang up in many that this commission was contrary to law, and it was represented in that light to James. He forebore, therefore, renewing the commission till the fifteenth of his reign, when complaints rose so high with regard to the abuses practised in prisons that he thought himself obliged to overcome his scruples, and to appoint new commissioners invested with the same dis- cretionary powers which Elizabeth had formerly conferred.' Upon the whole we must conceive that monarchy, on the accession of the house of Stuart, was possessed of a very extensive authority — an authority, in the judgment of all, not exactly limited ; in the judgment of some, not limitable. But at the same time, this authority was founded merelj^ on the opinion of the people, influenced by ancient precedent and example. It was not supported either by money or by force of arms. And, for this reason, we need not wonder that the princes of that line were so extremely jealous of their prerogative, being sensible that when those claims were ravished from them they possessed no influence by which they could maintain their dignity or support the laws. By the changes which have since been introduced, the liberty and independence of individuals have been rendered much more full, entire and secure ; those of the public more un- certain and precarious. And it seems a necessary though perhaps a melancholy truth, that in every government the magistrate must either possess a large revenue and a mili- tary force, or enjoy some discretionary powers in order to execute the laws and support his own authority. We have had occasion to remark, in so many instances, the bigotry which prevailed in that age that we can look for no toleration among the different sects. Two Arians, under the title of heretics, were punished by fire during this period, and no one reign since the Reformation had been free from like barbarities. Stowe says that these Arians were offered their pardon at the stake if they would merit it by a recantation. A madman who called himself the Holy Ghost was, without any indulgence for his frenzy, con- demned to the same punishment. Twenty pounds a month could by law be levied on every one who frequented not the established worship. This rigorous law, however, had one indulgent clause, that the fines exacted should not exceed ' Kymer, vol. xviii. pp. 117, 591. HISTOET OF ENGLAND. 91 two thirds of the yearly income of the person. It had heen usual for Elizabeth to allow those penalties to run on for several years, and to levy them all at once, to the utter ruin of such Catholics as had incurred her displeasure. James was more humane in this, as in every other respect. The Puritans formed a sect which secretly lurked in the Church, but pretended not to any separate worship or discipline. An attempt of that kind would have been universally re- garded as the most unpardonable enormity. And had the king been disposed to grant the Puritans a full toleration for a separate exercise of their religion, it is certain, from the spirit of the times, that this sect itself would have de- spised and hated him for it, and would have reproached him with lukewarnmess and indifference in the cause of religion. They maintained that they themselves were the only pure Church, that their principles and practices ought to be estab- lished by law, and that no others ought to be tolerated. It may be questioned, therefore, whether the administration at this time could with propi'iety deserve the appellation of persecutors with regard to the Puritans. Such of the clergy, indeed, as refused to comply with the legal ceremonies were deprived of their livings, and sometimes, in Elizabeth's reign, were otherwise punished ; and ought any man to accept of an office or benefice in an establishment while he declines compliance with the fixed and known rules of that establish- ment ? But Puritans were never punished for frequenting separate congregations, because there were none such in the kingdom, and no Protestant ever assumed or pretended to the right of erecting them. The greatest well-wishers of the puritanical sect would have condemned a practice which in that age was universally, by statesmen and ecclesiastics, philosophers and zealots, regarded as subversive of civil society. Even so great a reasoner as Lord Bacon thought that uniformity in religion was absolutely necessary to the support of government, and that no toleration could with safety be given to sectaries.* Nothing but the imputation of idolatry which was thrown on the Catholic religion could justify, in the eyes of the Puritans themselves, the schism made by the Huguenots and other Protestants who lived in popish countries. In all former ages, not wholly excepting even those of Greece and Rome, religious sects and heresies and schisms had been esteemed dangerous, if not pernicious, to civil gov- 8 See his essay De Unitate EcclesisB. 92 HISTORY OF ENGLAND. ernraent, and were regarded as the source of faction and private combination and opposition to the laws.' The magistrate, therefore, applied himself directly to the cure of this evil as of every other, and very naturally attempted by penal statutes to suppress those separate communities and punish the obstinate innovators. But it was found by fatal experience, and after spilling an ocean of blood in those theological quarrels, that the evil was of a peculiar nature, and was both inflamed by violent remedies and diffused itself more rapidly throughout the whole society. Hence, though late, arose the paradoxical principle and salutary practice of toleration. The liberty of the press was incompatible with such maxims and such principles of government as then prevailed, and was therefore quite unknown in that age. Besides employing the two terrible courts of Star-chamber and high commission, whose powers were unlimited. Queen Elizabeth exerted her authority by restraints upon the press. She passed a decree in her court of Star-chamber — that is, by her own will and pleasure — forbidding any book to be printed in any place but in London, Oxford, and Cambridge ;'" and another, in which she prohibited, under severe penalties, the publishing of any book or pamphlet " against the form or meaning of any restraints or ordinance, contained, or to be contained, in any statute or laws of this realm, or in any injunction made or set forth by her majesty or her privy council, or against the true sense or meaning of any letters patent, commissions, or prohibitions under the great seal of England." " James extended the same penalties to the importing of such books from abroad.^^ And to render these edicts more effectual, he afterwards inhibited the printing of any book without a license from the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, or the vice-chancellor of one of the universities, or of some person appointed by them.^° In tracing the coherence among the systems of modern theology, we may observe that the doctrine of absolute de- crees has ever been intimately connected with the enthusiastic spirit, as that doctrine affords the highest subject of joy, tri- umph, and security to the supposed elect, and exalts- them by infinite degrees above the rest of mankind. All the first "* See Cicero de Legibns. 10 28th ot EUzabetfi. See State Trials. Sir Eobert Knightly, vol. yii. first ed " Eymer, vol. xvii. p. 522. « Ibid. i3 Eymer, vol. xvii. p. 616 HISTOET OB" ENGLAND. 93 reformers adopted these principles ; and the Jansenists, too, a fanatical sect in France, not to mention the Mahometans in Asia, have ever embraced them. As the Lutheran estab- lishments were subjected to episcopal jurisdiction, their en- thusiastic genius gradually decayed, and men had leisure to perceive the absurdity of supposing God to punish by in- finite torments what he himself from all eternity had un- changeably decreed. The king, though at this time his Calvinistic education had riveted him in the doctrine of absolute decrees, yet, being a zealous partisan of episcopacy, was insensibly engaged, towards the end of his reign, to favor the milder theology of Arminius. Even in so great a doctor, the genius of the religion prevailed over its specula^ tive tenets, and with him the whole clergy gradually dropped the more rigid principles of absolute reprobation and uncon- ditional decrees. Some noise was at first made about these innovations, but being drowned in the fury of factions and civil wars which ensued, the scholastic arguments made an insignificant figure amid those violent disputes about civil and ecclesiastical power with which the nation was agitated. And at the Restoration, the Church, though she still retained her old subscriptions and articles of faith, was found to have totally changed her speculative doctrines, and to have em- braced tenets more suitable to the genius of her discipline and worship, without it being possible to assign the precise period in which the alteration was produced. It may be worth observing that James, from his great desire to promote controversial divinity, erected a college at Chelsea for the entertainment of twenty persons, who should be entirely employed in refuting the Papists and Puritans." All the efforts of the great Bacon could not procure an es- tablishment for the cultivation of natural philosophy : even to this day no society has been instituted for the polishing and fixing of our language. The only encouragement which the sovereign in England has ever given to anything that has the appearance of science was this short-lived establish- ment of James — an institution quite superfluous, considering the unhappy propension which at that time so universally possessed the nation for polemical theology. The manners of the nation were agreeable to the mon- archical government which prevailed, and contained not that strange mixture which at present distinguishes England from all other countries. Such violent extremes were then " Kennet, p. 665, Camden's Brit. vol. i. p. 3T0, Gibson's edit. 94 HISTOEY OF ENGLAND. unknown of industry and debauchery, frugality and pro- fusion, civility and rusticity, fanatacistn and scepticism. Candor, sincerity, modesty, are the only qualities which the English of that age possessed in common with the present. High pride of family then prevailed ; and it was hy a dignity and stateliness of behavior that the gentry and nobility distinguished themselves from the common people. (I Great riches acquired by commerce were more rare, and had not as yet been able to confound all ranks of men, and ren- ,_ der money the chief foundation of distinction. Much cere- mony took place in the common intercourse of life, and little familiarity was indulged by the great. The advan- tages which result from opulence are so solid and real that those who are possessed of them need not dread the near approaches of their inferiors. The distinctions of birth and title being more empty and imaginary, soon vanish upon familiar access and acquaintance. The expenses of the great consisted in pomp and show and a numerous retinue rather than in convenience and true pleasure. The Earl of Nottingham, in his embassy to Spain, was attended by five hundred persons. The Earl of Hert- ford, in that to Brussels, carried three hundred gentlemen along with him. Lord Bacon has remarked that the English nobility in his time maintained a lai'ger retinue of servants than the nobility of any other nation, except, perhaps, the Polanders.^'' Civil honors, which now hold the first place, wei-e at that time subordinate to the military. The young gentry and nobility were fond of distinguishing themselves by arms. The fury of duels, too, prev.ailed more than at any time be- fore or since.i^ This was the turn that the romantic chiv- alry for which the nation was formerly so renowned liad lately taken. Liberty of commerce between the sexes was indulged, but without any licentiousness of manners. The court was very little an exception to this observation. James had rather entertained an aversion and contempt for tlie fe- males, nor were those young courtiers of whom he was so fond able to break through the established manners of the nation. The first sedan-chair seen in England was in this rei"-n, '" Essays, De Profer. Fin. Imp. 19 Franklyn, p. 6. See also Lord Herbert's Memoirs. HISTORY OF ENGLAND. 95 and was used by the Duke of Buckingham, to the great in- dignation of the people, who exclaimed that he was employ- ing his fellow-creatures to do the service of beasts. The country life prevails at present in England beyond any cultivated nation of Europe ; but it was then much more generally embraced by all the gentry. The increase of arts, pleasures, and social commerce was just beginning to pro- duce an inclination for the softer and more civilized life of the city. James discouraged, as much as possible, this al- teration of manners. " He was wont to be very earnest," as Lord Bacon tells us, " with the country gentlemen to go from London to their country-seats. And sometimes he would say thus to them, ' Gentlemen, at London you are like ships in a sea, which show like nothing ; but in your country villages you are like ships in_a river, which look like great tilings.' " " He was not content with reproof and exhortation. As Queen Elizabeth had perceived with regret the increase of London, and had restrained all new buildings by proclama- tion, James, who found that these edicts were not exactly obeyed, frequently renewed them, though a strict execution seems still to have been wanting. He also issued reiterated proclamations, in imitation of his jDredecessor, containing severe menaces against the gentry who lived in town.^* This policy is contrary to that which lias evo.r been prac- tised by all princes who studied the increase of theii- author- ity. To allure the nobility to court ; to engage them in ex- pensive pleasures or employments which dissipate their fortune; to increase their subjection to ministers by attend- ance ; to weaken their authority in the provinces by absence — these have been the common arts of arbitrary govern- ment. But James, besides that he had certainly laid no plan for extending his jjower, had no money to support a splendid court or bestow on a numerous retinue of gentry and nobility. He thought, too, that by their living together they became more sensible of their own strength, and were apt to indulge too curious researches into matters of govern- ment. To remedy the present evil, he was desircrus of dis- 25ersing them into their country-seats, where he hoped they would bear a more submissive reverence to his authority, and receive less support from each other. But the contrary effect soon followed. The riches amassed during their residence at home rendered them independent. The iu- >' Apophthegms, 18 Bj'iner, vol. xvii. p. 632. 96 HISTORY OF ENGLAND. fluence acquired by hospitality made them formidable. They would not be led by the court ; they could not be driven ; and thus the system of the English government re- ceived a total and sudden alteration in the course of less than forty years. The first rise of commerce and the arts had contributed, in preceding reigns, to scatter those immense fortunes of the barons which rendered them so formidable both to king and people. The further progress of these advantages began during this reign to ruin the small proprietors of land ; ^' and, by both events, the gentry, or that rank which com- posed the House of Commons, enlarged their power and authority. The early improvements in luxury were seized by the greater nobles, whose fortunes, placing them above frugality or even calculation, were soon dissipated in expen- sive pleasures. These improvements reached, at last, all men of property ; and those of slender fortunes, who at that time were often men of family, imitating those of a rank immediately above them, reduced themselves to poverty. Their lands, coming to sale, swelled the estates of those who possessed riches sufficient for the fashionable expenses, but who were not exempted from some care and attention to their domestic economy. The gentry, also, of that age were engaged in no expense, except that of country hospitality. No taxes were levied, no wars waged, no attendance at court expected, no bribery or profusion required at elections.^ Could human nature ever reach happiness, the condition of the English gentry, under so mild and benign a prince, might merit that appel- lation. The amount of the king's revenue, as it stood in 1617, is thus stated : ^^ of crown lands, eighty thousand pounds a year ; by customs and new impositions, near one hundred and ninety thousand ; by wards and other various branches of revenue, besides purveyance, one hundred and eighty thousand— the whole amounting to four hundred and fifty thousand. The king's ordinary disbursements, by the same account, are said to exceed this sum thirty-six thousand » Cabala, p. 224, first edit. 20 Men seem then to have been ambitious of representing the counties but care- less of the boroughs. A seat in the House was, in itself, of small importance But the torniev became a point of honor among the gentlemen.— Journal Feb' ruary 10, 1620. Towns which had formerly neglected their right of sendins mem- bers now began to claim it. — Journal, February 2G, 1623. 21 An Abstract or Brief Declaration of his Majesty's Revenue, with the As gignations and Defalcations upon the same. IIISTOEY OF ENGLAND. 97 poiitids."' All the. extraordinary sums which James had raised by subsidies, loang, sale of lands, sale of the title of baronet, money paid by the states and by the King of France, benevolences, etc., were, in the whole, about two millions two hundred thousand pounds, of which the sale of lands afforded seven hundred and seventy-five thousand pounds. The extraordinary disbursements of the king amounted to two millions, besides above four hundred thousand pounds given in presents. Upon the whole, a sufficient reason appears, partly from necessary expenses, partly from want of a rigid economy, why the king, even eai'ly in his reign, was deeply involved in debt, and found great difiiculty to support the government. Farmers, not commissioners, levied the customs. It seems, indeed, requisite, that the former method should always be tried before the latter, though a preferable one. When men's own interest is concerned, they fall upon a hundred expedients to prevent frauds in the merchants ; and these the public may afterwards imitate in establishing proper rules for its officers. The customs were supposed to amount to five per cent, of the value, and were levied upon exports as well as im- j)orts. Nay, the imposition upon exports by James's addi- tions is said to amount, in some few instances, to twenty-five per cent. This practice, so hurtful to industry, prevails still in France, Spain, and most countries of Europe. The cus- toms, in 1604, yielded one hundred and twenty-seven thou- sand pounds a year.^ They rose to one hundred and ninety tliousand towards the end of the reign. Interest during this reign was at ten per cent, till 1624, when it was reduced to eight. This high interest is an in- dication of the great profits and small progress of commei-ce. The extraordinary supplies granted by Parliament during this whole reign amounted not to more than six hundred and thirty thousand pounds, which, divided among twenty- one years, makes thirty thousand pounds a year. I do not include those supplies, amounting to three hundred thousand pounds, which were given to the king by his last Parlia- ment. These were paid in to their own commissioners, and the expenses of the Spanish war were much more ilian suflScient to exhaust them. The distressed family ot Uie Palatine was a great burden on James duriiig ])art of his M The excess was formerly greater, as appears by Salisbury's account. See cb. ii. ^ Journal, May 21, 1604. Vol. IV.— 7 98 HISTOET OF ENGLAND. reign. The king, it is pretended, possessed not frugality- proportioned to the extreme narrowness of his revenue. Splendid equipages, however, he did not affect, nor costly furniture, nor a luxurious table, nor prodigal mistresses. His buildings, too, were not sumptuous ; though the Ban- queting-house must not be forgotten, as a monument which does honor to his reign. Hunting was his chief amusement, the cheapest pleasure in which a king can indulge himself. His expenses were the effects of liberality rather than of luxury. One day, it is said, while he was standing amid some of his courtiers, a porter passed by, loaded with money, which he was carrying to the treasury. The king observed that Rich, afterwards Earl of Holland, one of his handsome, agreeable favorites, whispered something to one standing near him. Upon enquiry, he found that Rich had said, " How happy would that money make me ! " Without hesi- tation James bestowed it all uj)on him, though it amounted to three thousand pounds. He added, " You think yourself very happy in obtaining so large a sum, but I am more happy in having an opportunity of obliging a worthy man, whom I love." The generosity of James was more the result of a benign humor of light fancy than of reason or judgment. The objects of it were such as could render themselves agreeable to him in his loose hours, not such as were endowed with great merit, or who possessed talents or popularity which could strengthen his interest with the public. The same advantage, we may remark, over the people which the crown formerly reaped from that interval between the fall of the Peers and the rise of the Commons was now possessed by the people against the crown during the con- tinuance of a like interval. The sovereign had already lost that independent revenue by which he could subsist without regular supplies from Parliament, and he had not yet ac- quired the means of influencing those assemblies. The effects of this situation, which commenced with the acces- sion of the house of Stuart, soon rose to a great heisrht, and were more or less propagated thoughout all the reio-ns of that unhappy family. '^ Subsidies and fifteenths are frequently mentioned by his- torians, but neither the amount of these taxes nor the method of levying them has been well explained. It appears , that the fifteenths formerly corresponded to the name and HISTOET OF ENGLAND. 99 ■were that proportionable part of the movables.^* But a valuation having been made in the reign of Edward III., that valuation was always adhered to, and each town paid unalterably a particular sum, which the inhabitants them- selves assessed upon their fellow-citizens. The same tax in corporate towns was called a tenth, because there it was at first a tenth of the movables. The whole amount of a tenth and a fifteenth throughout the kingdom, or a fifteenth, as it is often more concisely called, was about twenty-nine thousand, pounds.^ The amount of a subsidy was not invariable, like that of a fifteenth. In the eighth of Elizabeth a subsidy amounted to one hundred and twenty thousand pounds ; in the fortieth it was not above sevent5'-eight thousand.^* It afterwards fell to seventy thousand, and was continually de- creasing." The reason is easily collected from the method of levying it. We may learn from the subsidy bills ^ that one subsidy was given for four shillings in the pound on land, and two shillings and eightpence on movables throughout the counties — a considerable tax had it been strictly levied. But this was only the ancient state of a subsidy. During the reign of James there was not paid the twentieth part of that sura. The tax was so far personal that a man paid only in the county where he lived, though he should possess estates in other counties ; and the assessors formed a loose estimation of his property and rated him according- ly. To preserve, however, some rule in the estimation, it- seems to have been the practice to keep an eye to former assessments, and to rate every man according as his ancestors, or men of such an estimated property were accustomed to pay. This was a sufficient reason why subsi- dies could not increase, notwithstanding the great increase of money and rise of rents. But there was an evident reason why they continually decreased. The favor, as is natural to suppose, ran always against the crown ; especially during the latter end of Elizabeth, when subsidies became numerous and frequent, and the sums levied were considerable com- pared to former supplies. The assessors, though accus- tomed to have an eye to ancient estimations, were not bound to observe any such rule, but might rate anew any person according to his present income. When rents fell M Coke's Inst. bk. iy. ch. 1, of fifteenths, quinzins. !s Coke's Inst. bk. iv. oh. 1, subsidies temporai-y. 21! Journal, July 11, 1610. S' Coke's Inst. bk. iv. eh. 1, subsidies temporary. 2* See Statutes at Large, 100 HISTOEY OF ENGLAND, or part of an estate was sold off, the proprietor was sure to represent these losses and obtain a diminution of his sub- sidy ; but where rents rose or new lands were purchased, he kept his own secret, and paid no more than formerly. The advantage, therefore, of every change was taken against the crown, and the crown could obtain the advantage of none. And, to make the matter worse, the alterations which hap- pened in property during this age were generally unfavor- • able to the crown. The small proprietors, or twenty-pound men, went continually to decay ; and when their estates were swallowed up by greater, the new purchaser increased not his subsidy. So loose, indeed, is the whole method of rating subsidies that the wonder was, not how the tax should continually diminish, but how it yielded any revenue at all. It became at last so unequal and uncertain that the Parliament was obliged to change it into a land tax. The price of corn during this reign, and that of the other necessaries of life, was no lower, or was rather higher, than at l>resent. By a proclamation of James establishing public magazines, whenever wheat fell below thirty-two shillings a quarter, rye below eighteen, barley below sixteen, the com- missioners were empowered to purchase corn for the mag- azines.'^ These prices, then, are to be regarded as low, though they would rather pass for high by our present estimation. The usual bread of the poor was at this time made of barley.®" The best wool, during the greater part of James's reign, was at thirty-three shillings a tod.^^ At present it is not above two thirds of that value, though it is to be presumed that our exports in woollen goods are somewhat increased. The finer manufactures, too, by the progress of arts and industry, have rather diminished in price, notwithstanding the great increase of money. In Shakspeare the hostess tells Falstaff that the shirts she bought him were holland, at eight shil- lings a yard— a high price at this day, even supposing, what is not probable, that the best holland at that time was equal in goodness to the best that can now be purchased. In like manner, a yard of velvet about the middle of Elizabeth's reign was valued at two-and-twenty shillings. It appears from Dr. Birch's Life of Prince Henry ^^ that that prince, by contract with his butcher, paid near a groat a pound » Eymer, vol. xvii. p. 526. To tUe same purpose, see also 21 Jao. I cao. IS ^ Rymer, vol. xx. p. 15. SI See a compejidium or dialogue inserted in the Memoirs o£ Wool cli 23 HISTORY 0¥ ENGLAND. 101 throughout the year for all the beef and mutton used in his family. Besides, we must consider that the general turn of that age, which no laws could prevent, was the converting of arable land into pasture — a certain proof that the latter was found more profitable, and, consequently, that all butch- er's meat, as well as bread, M'as rather higher than at present. We have a regulation of the market, with regard to poultry and some other articles, very early in Charles I.'s reign,^^ and the prices are high. A turkey-cock four shillings and sixpence, a turkey-hen three shillings, a pheas- ant-cock six, a jjheasant-hen five, a partridge one shilling, a goose two, a capon two and sixpence, a pullet one and six- pence, a rabbit eightpence, a dozen of pigeons six shillings.^* We must consider that London' at present is more than three times more populous than it was at that time — a cir- cumstance which much increases the price of poultry, and of everything that cannot conveniently be brought from a distance ; not to mention that these regulations by authority are always calculated to diminish, never to increase, the market prices. The contractors for victualling the navy were allowed by government eightpence a day for the diet of each man when in harbor, sevenpence half-penny when at sea,^^ which would sufiice at present. The chief differ- ence in expense between that age and the present consists in the imaginary wants of men, which have since extremely multiplied. These ^ are the principal reasons why James's revenue would go further than the same money in our time, though the difference is not near so great as is usually im- agined. The public was entirely free from the danger and ex- pense of a standing army. While James was vaunting his divine vicegerency, and boasting of his high prerogative, he possessed not so much as a single regiment of guards to maintain his extensive claims — a suiEcient proof that he sincerely believed his pretensions to be well grounded, and a strong presumption that they were at least built on what were then deemed plausible arguments. The militia of England, amounting to one hundred and sixty thousand men,^' was the sole defence of the kingdom. It is pretended '3 Bymer, vol- xix. p. 511. ^ We may judge of the great grievance of purveyance by this circumstance, that tlie purveyors often gave but sixpence for a dozen pigeons and twopence for a fowl. Journal, May 25, 1626. ss Eymer, vol. xvii. p. 441, et seq. 35 This volume was written above twenty-eight years before the edition of 1756, In that short period prices have, perhaps, risen more than during the pre- cedmg hundred and fifty. 37 journal, March 1, 1623. 102 HISTOET OF ENGLAND. that they were kept in good order during this reign.'^ The city of London procured officers who had served abroad, and who taught the trained bands their exercises in Artillery- garden — a practice which had been discontinued since 1588. All the counties of England, in emulation of the capital, were fond of showing a well-ordered and well-appointed militia. It appears that the natural propensity of men towards military shows and exercises will go far, with a little attention in the sovereign, towards exciting and sup- porting this spirit in any nation. The very boys, at that time, in mimicry of their elders, enlisted themselves vol- untarily into companies, elected officers, and practised the discipline, of which the models were every day exposed to their view.''' Sir Edward Harwood, in a memorial com- posed at the beginning of the subsequent reign, says that England was so unprovided with horses fit for war that two thousand men could not possibly be mounted throughout the whole kingdom.*" At present the breed of horses is so much improved that almost all those which are employed either in the plough, wagon, or coach would be fit for that purpose. The disorders of Ireland obliged James to keep up some forces there, and put him to great expense. The common pay of a private man in the infantry was eightpence a day, a lieutenant two shillings, an ensign eighteenpence." The armies in Europe were not near so numerous during that age ; and the private men, we may observe, were drawn from a better rank than at present, and approaching nearer to that of the officers. In the year 1583 there was a general review made of all the men in England capable of bearing arms; and these were found to amount to one million one hundred and sev- enty-two thousand men, according to Raleigh." It is iift- possible to warrant the exactness of this computation, or, rather, we may fairly presume it to be somewhat inaccurate'. But if it approached near the truth, England has probably since that time increased in populousness. The growth of London, in riches and beauty as well as in numbers of in- habitants, has been prodigious. From 1600 it doubled M Stowe. See also Sir Walter Kaleigh of the Prerogatives of Parliament, and Johnston, Hist. lib. 18. 30 Stowe " In the Harleian Miscellany, vol. iv. p. 255. «i liymer, vol xvi d 717 «2 Of the Invention of Shipping. This number ia much superior to that 'con- tained in Murden, and that delivered by Sir Edward Coke 10 the House of Com- mons, and is more likely. HISTORY OF ENGLAND. 108 every forty years ; ^^ and, consequently, in 1680 it contained four times as many inhabitants as at the beginning of the century. It has ever been the centre of all the trade in the kingdom, and almost the only town that affords society and amusement. The affection which "-the English bear to a country life makes the provincial towns be little frequented by the gentry. Nothing but the allurements of the capital, which is favored by the residence of the king, and by being the seat of government and of all the courts of justice, can prevail over their passion for their rural villas. London at this time was almost entirely built of wood, and in every respect was certainly a very ugly city. The Earl of Arundel first introduced the general practice of brick buildings." The navy of England was esteemed formidable in Eliza- beth's time, yet it consisted only of thirty-three ships, be- sides pinnaces ;*^ and the largest of these would not equal our fourth-rates at present. Raleigh advises never to build a shijD-of-war above six hundred tons.*^ James was not neg- ligent of the navy. In five years preceeding 1623, he built ten new ships, and expended fifty thousand pounds a year on the fleet, besides the value of thirty-six thousand pounds in timber which he annually gave from the royal forests." The largest ship that had ever come from the English docks was built during this reign. She was only fourteen hundred tons, and carried sixty-four guns.^' The merchant-ships, in cases of necessity, were instantly converted into ships-of-war. The king affirmed to the Parliament that the navy had never before been in so good a condition.^' Every session of Parliament during this reign we meet with grievous lamentations concerning the decay of trade and the growth of popery. Such violent propensity have men to complain of the present times, and to entertain dis- content against their fortune and condition. The king him- self was deceived by these popular complaints, and was at a loss to account for the total want of money which he heard so much exaggerated.^ It may, however, be affirmed that « Sir William Petty. " Sir Edward Walker's PoUtical Discourses, p. 270. *5 Coke's Inst. bk. iv. ch. i. Consultation in Parliament for tlie Navy. *" By Raleigh's account, in his Discourse on the First Invention of Shipping, the fleet, in the twenty-fourth of the queen, consisted only of thirteen ships, and was augmented afterwards eleven. He probably reckoned some to be pinnaces which Coke called ships. " Journal, 11th March, 1623. Sir William Monson makes the number amount only to nine new ships, p. 253. " Stowe. •' Parliamentary History, vol. yi. p. 94. I «> Kymer, vol. xvii. p. 413. 104 HISTOKY OF ENGLAND. during no preceding period of English history was there a more sensible increase than during the reign of this monarch of all the advantages which distinguish a flourishing peoj)le. Not only the peace which he maintained was favorable to industry and commerce; his turn of mind inclined him to promote the peaceful arts; and trade being yet in its in- fancy, all additions to it must have been the more evident to every eye which was not blinded by melancholy preju- dices.^- By an account,^^ which seems judicious and accurate, it appears that all the seamen employed in the merchant ser- vice amounted to ten thousand men, which probably exceeds not the fifth part of their present number. Sir Thomas Overbury says that the Dutch possessed three times more shipping than the English, but that their ships were of in- ferior burden to those of the latter.^^ Sir William Monson computed the English naval power to be little or nothing inferior to the Dutch,^^ which is surely an exaggeration. The Dutch at this time traded to England with six hundred ships ; England to Holland with sixty only.^^ A catalogue of the manufactures for which the English were then eminent would appear very contemptible in com- parison of those which flourish among them at present. Al- most all the more elaborate and curious arts were only cul- tivated abroad, particularly in Italy, Plolland, and the Netherlands. Ship-building and the founding of iron can- non were the sole in which the English excelled. They seem indeed to have possessed alone the secret of the latter, and great complaints were made every Parliament against the exportation of English ordnance. Nine tenths of the commerce of the kingdom consisted in woollen goods.*^ "Wool, however, was allowed to be ex- ported till the nineteenth of the king. Its exportation was then forbidden by proclamation, though that edict was never strictly executed. Most of the cloth was exported raw, and was dyed and dressed by the Dutch, who gained, it is pre- tended, seven hundred thousand pounds a year by this manu- facture." A proclamation issued by the king ao-ainst ex- 6* See note [L] at tlie end of the volume. »= The Trade's Increase, in the Haileian Miscellany, vol iii. "' Eemarks on his Travels, Harleian Miscellany, vol. ii p 349 " Naval Tracts, pp. 329, 3i)0. st Raleigh's Observations ™ Journal, 26th May, 1621. " "vauons. " Journal, 20th May", 1614. Raleigh, in his Observations, computes the loss at four hundred thousand pounds to the nation. There are about eiehty thousand undressed cloths, says he, exported yearly. He computes, besides, that about BISTOET OP ENGLAND. 105 porting cloth in that condition had succeeded so ill during one year by the refusal of the Dutch to buy the dressed cloth that great murmurs arose against it ; and this measure was retracted by the king and complained of by the nation as if it had been the most impolitic in the world. It seems, indeed, to have been premature. In so little credit was the fine English cloth, even at home, that the king was obliged to seek expedients by which he might engage the people of fashion to wear it.^* The manufacture of fine linen was totally unknown in the king- dom.^' The company of merchant adventurers by their patent possessed the sole commerce of woollen goods, though the staple commodity of the kingdom. An attempt made dur- ing the reign of Elizabeth to lay open this important trade had been attended with bad consequences for a time by a conspiracy of the merchant adventurers not to make any purchases of cloth, and the queen immediately restored them their patent. It was the groundless fear of a like accident that en- slaved the nation to those exclusive companies which con- fined so much every branch of commerce and industry. The Parliament, however, annulled, in the third of the king, the patent of the Spanish Company; and the trade to Spain, which was at first very insignificant, soon became the most considerable in the kingdom. It is strange that they were not thence encouraged to abolish all the other companies, and that they went no further than obliging them to enlarge their bottom and. to facilitate the admission of new adven- turers. A board of trade was erected by the king in 1622.* One of the reasons assigned in the commission is to remedy the low price of wool, which begat complaints of the decay of the woollen manufacture. It is more probable, however, that this fall of prices proceeded from the increase of wool. The king likewise recommends it to the commissioners to inquire and examine whether a greater freedom of trade and an exemption from the restraint of exclusive companies would not be beneficial. Men were then fettered by their own prejudices ; and the king was justly afraid of embrac- ing a bold measure whose consequences might be uncertain. one hundred thousand pounds a year had been lost by Icerseys. not to mention other articles. The account of two hundred thousand cloths a year exported lu EhzabethB reign seems to be exaggerated. "» Ki-mer, vol. xvii. p. 415i '» Ibid. «» Eymer, vol. xvii. p. 410. 106 HISTORY OF ENGLAND. The digesting of a navigation act, of a like nature with the famous one executed afterwards by the republican Parlia- ment, is likewise recommended to the commissioners. The arbitrary powers then commonly assumed by the privy council appear evidently through the whole tenor of the commission. The silk manufacture had no footing in England ; but by James's direction mulberry-trees were planted, and silk- worms introduced.''^ The climate seems unfavorable to the success of this project. The planting of hops increased much in England during this reign. Greenland is thought to have been discovered about this period, and the whale-fishery was carried on with success ; but the industry of the Dutch, in spite of all opposition, soon deprived the English of this source of riches. A com- pany was erected for the discovery of the northwest passage, and many fruitless attempts were made for that purpose. In such noble projects despair ought never to be admitted till the absolute impossibility of success be fully ascertained. The passage to the East Indies had been opened to the English during the reign of Elizabeth ; but the trade to those parts was not entirely established till this reign, when the East India Company received a new patent, enlarged their stock to one million five hundred thousand pounds,*^ and fitted out several ships on these adventures. In 16S9, they built a vessel of twelve hundred tons, the largest mer- chant-ship that England had ever known. She was unfor- tunate, and perished by shipwreck. In 1611, a large ship of the company, assisted by a pinnace, maintained five several engagements with a squadron of Portuguese, and gained a complete victory over forces much superior. During the following years the Dutch company was guilty of great in- juries towards the English in expelling many of their fac- tors and destroying their settlements ; but these violences were resented with a proper spirit by the court of England. A naval force was equipped under the Earl of Oxford,''^ and lay in wait for the return of the Dutch East Indian fleet. By- reason of cross winds Oxford failed of his purpose, and the Dutch escaped. Some time after, one rich ship was taken by Vice-Admiral Merwin ; and it was stipulated by the Dutch to pay seventy thousand pounds to the English company, in con- sideration of the losses which that company had sustained." »i Stowe. M Journal, 26tli Nov. 1621. «3 in ifiw « Johnston, Hist. Ub. 19. "•'• HISTORY, OF ENGLAND. 107 But neither this stipulation, nor the fear of reprisals, nor the sense of that friendship which subsisted between England and the States, could restrain the avidity of the Dutch com- pany, or render them equitable in their proceedings towards their allies. Impatient to have the sole possession of the spice trade, which the English then shared with them, they assumed a jurisdiction over a factory of the latter in the island of Amboyna ; and, on very improbable and even absurd pretences, seized all their factors with their families and put them to death with the most inhuman tortures. This dismal news arrived in England at the time when James, by the prejudices of his subjects and the intrigues of his favorite, was constrained to make a breach with Spain ; and he was obliged, after some remonstrances, to acquiesce in this indignity from a state whose alliance was now become necessary to him. It is remarkable that the nation, almost without a murmur, submitted to this injury from their Protestant confederates — an injury which, besides the horrid enormity of the action, was of much deeper im- portance to national interest than all those which they were so impatient to resent from the house of Austria. The exports of England from Christmas, 161:2, to Christ- mas, 1613, are computed at two million four hundred and eighty-seven thousand four hundred and thirty-five pounds; the imports, at two million one hundred and, forty-one thousand one hundred and fifty-one ; so that the balance in favor of England was three hundred and forty-six thousand two hundred and eighty-four."* But in 1622 the exports were two million three hundred and twenty thousand four hundred and thirtj-six pounds ; the imports, two million six hundred and nineteen thousand three hundred and fifteen — which makes a balance of two hundred and ninety-eight thousand eight hundred and seventy-nine pounds against England."^ The coinage of England from 1599 to 1619 amounted to four million seven hundred and seventy-nine thousand three hundred and fourteen pounds thirteen shil- lings and fourpence*' — a proof that the balance, in the main, was considerably in favor of the kingdom. As the annual imports and exports together rose to near five millions, and the customs never yielded so much as two hundred thousand pounds a year, of wlich tonnage made a part, it appears that the new rates affixed by James did not, on the whole, 65 Misselden'sClrcle of Commerce, p. 121. ™ IWd. 6' Happy Future State of Eugland, p. 78. 108' HISTOKY OF ENGLAND. amount to one shilling in the pound, and, consequently, were still inferior to the intention of the original grant of Parliament. The East India Company usually carried out a third of their cargo in commodities.^" The trade to Turkey was one of the most gainful to the nation.^' It ap- pears that copper half-pence and farthings began to be coined in this reign.™ Tradesmen had commonly carried on their retail business chiefly by means of leaden tokens. The small silver penny was soon lost, and at this time was nowhere to be found. What chiefly renders the reign of James memorable is the commencement of the English colonies in America — colonies established on the noblest footing that has been known in any age or nation. The Spaniards, being the first discoverers of the New World, immediately took pos- session of the precious mines which they found there ; and, by the allurement of great riches, they were tempted to de- populate their own country as well as that which they con- quered ; and added the vice of sloth to those of avidity and barbarity, which had attended their adventurers in those renowned enterprises. That fine coast was entirely neg- lected which reaches from St. Augustine to Cape Breton, and which lies in all the temperate climates, is watered by noble rivers, and offers a fertile soil, but nothing more, to the industrious planter. Peopled gradually from England by the necessitous and indigent, who at home increased neither wealth nor populousness, the colonies which were planted along that tract have promoted the navigation, en- courpged the industry, and even perhaps multiplied the in- habitants of their mother country. The spirit of indepen- dence, which was reviving in England, here shone forth in its full lustre, and received new accession from the aspiring character of those who, being discontented with the estab- lished church and monarchy, had sought for freedom amid those savage deserts. Queen Elizabeth had done little more than given a name to the continent of Virginia ; and after her plantino- one feeble colony, which quickly decayed, that country was en- tirely abandoned. But when peace put an end to the mili- tary enterprises against Spain, and left ambitious spirits no hopesof making any longer such rapid advances towards ™ Munn's Discourse on the East India Trade.' «» Munn's Discourse on the East India Trade, p. 17.] '"..Anderson, vol. i. p. 477. HISTOET OP ENGLAND. 109 honor and fortune, the nation began to second the pacific intentions of its monarch, and to seek a surer though slower expedient for acquiring riches and glory. In 1606 Newport carried over a colony, and began a settlement, which the company, erected by patent for that purpose in London and Bristol, took care to supply with yearly re- cruits of provisions, utensils, and new inhabitants. About 1609, Argal discovered a more direct and shorter passage to Virginia, and left the track of the ancient navigators, who had first directed their course southwards to the tropic, sailed westward by means of the trade-winds, and then turned northwards, till they reached the English settlements. The same year five hundred persons, under Sir Thomas Gates and Sir George Somers, were embarked for Virginia. Somers's ship, meeting with a tempest, was driven into the Bermudas, and laid the foundation of a settlement in those islands. Lord Delawar afterwards undertook the govern- ment of the English colonies ; but, notwithstanding all his care, seconded by supplies from James and by money raised from the first lottery ever known in the kingdom, such dif- ficulties attended the settlement of these countries that in 1614 there were not alive more than four hundred men of all that had been sent thither. After supplying themselves with provisions more immediately necessary for the support of life, the new planters began the cultivating of tobacco ; and James, notwithstanding his antipathy to that drug, ■which he affirmed to be pernicious to men's morals as well as their health,'^ gave them permission to enter it in Eng- land ; and he inhibited by proclamation all importation of it from Spain.'^ By degrees new colonies were established in that continent, and gave new names to the places where they settled, leaving that of Virginia to the province first planted. The island of Barbadoes was also planted in this reign. Speculative reasoners, during that age, raised many ob- jections to the planting of those remote colonies ; and fore- told that, after draining their mother country of inhabitants, they would soon shake off her yoke and erect an indepen- dent government m America ; but time has shown that the views entertained by those who encouraged such generous undertakings were more just and solid. A mild govern- ment and great naval force have preserved, and may still preserve during some time, the dominion of England over " Rymer, vol. xvii. p. 621. " Kymer, vol. xviii. pp. 621, 633. 110 HISTORY OF ENGLAND. her coloDies; and such advantages have commerce and navigation reaped from these establishments that more than a fourth of the English shipping is at present computed to be employed in carrying on the traffic with the American settlements. Agriculture was anciently very imperfect in England. The sudden transitions, so often mentioned by historians, from tlie lowest to the highest price of grain, and the pro- digious inequality of its value in different years, are suf- ficient proofs that the produce depended entirely on the seasons, and that art had as yet done nothing to fence against the injuries of the heavens. During this reign con- siderable improvements were made, as in most arts, so in this, the most beneiicial of any. A numerous catalogue might be formed of books and pamphlets treating of hus- bandry which were written about this time. The nation, however, was still dependent on foreigners for daily bread ; and though its exportation of grain now forms a consider- able branch of its commerce, notwithstanding its probable increase of people, there was in that period a regular impor- tation from the Baltic, as well as from France ; and if it ever stopped, the bad consequences were sensibly felt by the nation. Sir Walter Raleigh, in his Observations, com- putes that two millions went out at one time for corn. It was not till the fifth of Elizabeth that the exportation of corn had been allowed in England ; and Camden observes that agriculture from that moment received new life and vigor. The endeavors of James, or, more properly speaking, those of the nation, for promoting trade were attended with greater success than those for the encouragement of learn- ing. Though the age was by no means destitute of emi- nent writers, a very bad taste in general prevailed during that period, and the monarch himself was not a little infected with it. f On the origin of letters among the Greeks, the -genius of poets and orators, as might naturally be expected, was dis- tinguished by an amiable simplicity, which, whatever rude- ness may sometimes attend it, is so fitted to express the genuine movements of nature and passion that the composi- tions possessed of it must ever appear valuable to the dis- cerning part of mankind. The glaring figures of discourse the pointed antithesis, the unnatural conceit, the jingle of words — such false ornaments were not employed by early ' HISTOEY OF ENGLAND. Ill writers ; not because they were rejected, but because they scarcely ever occurred to them. An easy, unforced strain of sentiment runs through their compositions ; though at the same time we may observe that, amid the most elegant simplicity of thought and expression, one is sometimes sur- prised to meet with a poor conceit, which had presented it- self unsought for, and which the author had not acquired critical observation enough to condemn.'^ A bad taste seizes with avidity these frivolous beauties, and even per- haps a good taste, ere surfeited by them ; they multiply every day more and more in the fashionable compositions ; nature and good sense are neglected, labored ornaments studied and admired, and a total degeneracy of style and language prepares the way for barbarism and ignorance. Hence the Asiatic manner was tound to depart so much from the simple purity of Athens ; hence that tinsel elo- quence which is observable in muny of the Roman writers, from which Cicero himself is' not wholly exempted, and which so much prevails in Ovid, Seneca, Lucan, Martial, and the Plinys. On the revival of letters, when the judgment of the pub- lic fs yet raw and uninfortned, this false glitter catches the eye, and leaves no room, either in eloquence or poetry, for the durable beauties of solid sense and lively passion. The reigning genius is then diametrically opposite to that which prevails on the first origin of arts. The Italian writers, it is evident, even the most celebrated, have not reached the proper simplicity of thought and composition ; and in Pe- ti'arch, Tasso, Guarini, frivolous witticisms and forced con- ceits are but too predominant. The period during which letters were cultivated in Italy was so short as scarcely to allow leisure for correcting this adulterated relish. Tlie more early French writers are liable to the same re- proach. Voiture, Balzac, even Corneille, have too much af- fected those ambitious ornaments of which the Italians in general, and the least pure of the ancients, supplied them with so many models ; and it M'as not till late that observa- " The name of PolyTiices, one of CEdipus's sons, means in the original much quarrelling. In the altercations between the two brothers, in ^schylus, Sopho- cles, and Euripides, this conceit is employed ; and it is remarkable that so poor a conundrum could not be rejected by any of these tliree poets, so justly cele- brated for their taste and simplicity. What could Shalcspeare liave done worse ? Terence has his " inceptio est amentium, non amantium." Many similar in- stances will occur to the'learned. It is well known that Aristotle treats very se- riously of puns, divides them into several classes, and recommends the use of them to orators. 112 HISTOET OF ENGLAND. tion and reflection gave rise to a more natural turn of thought and composition among that elegant people. A like character may be extended to the first English writers ; such as flourished during the reigns of Elizabeth and James, and even till long afterwards. Learning, on its revival in this island, was attired in the same unnatural garb which it wore at the time of its decay among the Greeks and Romans ; and, what may be regarded as a mis- fortune, the English writers were possessed of great genius before they were endowed with any degree of taste, and by that means gave a kind of sanction to those forced turns and sentiments which they so much affected. ' Their dis- torted conceptions and expressions are attended with such vigor of mind that we admire the imagination which pro- duced them as much as we blame the want of judgment which gave them admittance. To enter into an exact criti- cism of the writers of that age would exceed our present purpose. A short character of the most eminent, delivered with the same freedom which history exercises over kings and ministers, may not be improper. The national prepos- sessions which prevail will, perhaps, render the former lib- erty not the least perilous for an author. If Shakspeare be considered as a man born in a rude age and educated in the lowest manner, without any in- struction either from the world or from books, he may be regarded as a prodigy ; if represented as a poet capable of furnishing a proper entertainment to a refined or intelligent audience, we must abate much of this eulogy. In his com- positions, we regret that many irregularities, and even ab- surdities, should so frequently disfigure the animated and passionate scenes intermixed with them ; and, at the same time, we perhaps admire the more those beauties on account of their being surrounded with such deformities. A strik- ing peculiarity of sentiment, adapted to a single character, he frequently hits, as it were, by inspiration ; but a reason- able propriety of thought he cannot for any time uphold. Nervous and picturesque expressions as well as descriptions abound in him ; but it is in vain we look either for purity or simplicity of diction. His total ignorance of all theatri- cal art and conduct, however material a defect, yet, as it affects the spectator rather than the reader, we can more easily excuse than that want of taste which often prevails in his productions, and which gives way only by intervals to the irradiations of genius. A great and fertile genius he HISTORY OF ENGLAND. 113 certainly possessed, and one enriched equally"witli a tragic and comic veia ; but he ought to be cited as a proof how dangerous it is to rely on these advantages alone for attain- ing an excellence in the finer arts.'* And there may even remain a suspicion that we overrate, if possible, the great- ness of his genius ; in the same manner as bodies often ap- pear more gigantic on account of their being dispropor- tioned and misshapen. He died in 1616, aged fifty-three years. Jonson possessed all the learning which was wanting to Shalsspeare, and M^anted all the genius of which the other was possessed. Both of them were equally deficient in taste and elegance, in harmony and correctness. A servile copy- ist of the ancients, Jonson translated into bad English the beautiful passages of the Greek and Roman authors, without accommodating them to the manners of his age and coun- try. His merit has been totally eclipsed by that of Shak- speare, whose rude genius prevailed over the rude art of his contemporary. The English theatre has ever since taken a strong tincture of Shakspeare's spirit and character ; and thence it has proceeded that the natioij has undergone from all its neighbors the reproach of barbarism, from which its valuable productions in some other parts of learning would otherwise have exempted it. Jonson had a pension of a hundred marks from the king, which Charles afterwards augmented to a hundred pounds. He died in 1637, aged sixty-three. Fairfax has translated Tasso with an elegance and ease, and at the same time with an exactness, which for that age are surprising. Each line in the original is faithfully ren- dered by a correspondent line in the translation. Harring- ton's translation of Ariosto is not likewise without its merit. It is to be regretted that these poets should have imitated the Italians in their stanza, which has a prolixity and uni- formity in it that displease in long performances. They had otherwise, as well as Spenser, who went before them, contributed much to the polishing and refining of English versification. In Donne's satires, when carefully inspected, there appear some flashes of wit and ingenuity ; but these totally suf- focated and buried by the hardest and most uncouth expres- sion that is anywhere to be met with. " " Invenire etiam barbari solent, disponere et ornare non nisi erudltu."— Vol. IV.— 8 114 HISTvJEY OF ENGLAND. If the poetry of the English was so rude and imperfect during that age, we may reasonably expect that their prose would be liable to still greater objections. Though the latter appears the more easy, as it is the more natural method of composition, it has ever in practice been found the more rare and difficult ; and there scarcely is an instance, in any language, that it has reached a degree of perfection before the refinement of poetical numbers and expression. English prose during the reign of James was written with little regard to the ruleaof grammar, and with a total disregard to the elegance and harmony of the period. Stuffed with Latin sentences and quotations, it likewise imitated those inversions which, however forcible and graceful in the ancient languages, are entirely contrary to the idiom of the English. I shall, indeed, venture to affirm that whatever uncouth phrases and expressions occur in old books, they were chiefly owing to the unformed taste of the author ; and that the language spoken in the courts of Elizabeth and James was very little different from that which we meet with at present in good company. Of this opinion . the little scraps of speeches which are found in the parliamentary journals, and which carry an air so opposite to the labored orations, seem to be a sufficient proof ; and there want not productions of that age which, being written by men who were not authors by profession, retain a very natural manner, and may give us some idea of the language which prevailed among men of the world. I shall particularly mention Sir Jolin Davis's Discovery ; Throgmorton's, Essex's, and Nevil's Letters. In a more early period. Cavendish's Life of Cardinal Wolsey, the pieces that remain of Bishop Gardiner and Anne Boleyn's letter to the king differ little or nothing from the language of our time. The great glory of literature in this island during the reign of James was Lord Bacon. Most of his performances were composed in Latin ; though he possessed neither the elegance of that nor of his native tongue. If we consider the variety of talents displayed by this man — as a public speaker, a man of business, a wit, a courtier, a companion, an author, a philosopher— he is justly the object of great admiration. If we consider him merely as an author and philosopher, the light in which we view him at present, thought very estimable, he was yet inferior to his contem- porary Galileo, perhaps even to Kepler. Bacon pointed out at a distance the road to true phibsopby. Galileo both HISTOEY OF ENGLAND. 115 pointed it out to others and made himself considerable advances in it. The Englishman was ignorant of geom- etry. The Florentine revived that science, excelled in it, and was the first that applied it, together with ex- periment, to natural philosophy. The former rejected, with the most positive disdain, the system of Copernicus ; the latter fortified it with new proofs, derived both from reason and the senses. Bacon's style is stiff and rigid ; his wit, though often brilliant, is also often unnatural and far-fetched ; and he seems to be the original of those pointed similes and long-spun allegories which so much dis- tinguish the English authors ; Galileo is a lively and agreea- ble, though somewhat a prolix writer. But Italy, not united in any single government, and perhaps satiated with that literary glory which it has possessed both in ancient and modern times, has too much neglected the renown which it has acquired by giving birth to so great a man. That national spirit which prevails among the English, and which forms their great happiness, is the cause why they bestow on all their eminent writers, and on Bacon among the rest, Buch praises and acclamations as may often appear partial and excessive. He died in 1626, in the sixty-sixth year of his age. If the reader of Raleigh's History can have the patience to wade through the Jewish and rabbinical learning which compose the half of the volume, he will find, when he comes to the Greek and Roman story, that his pains are not un- rewarded. Raleigh is the best model of that ancient style which some writers would affect to revive at present. He was beheaded in 1618, aged sixty-six years. Camden's History of Queen Elizabeth may be esteemed good composition, both for style and matter. It is written with simplicity of expression, very rare in that age, and with a regard to truth. It would not, perhaps, be too much to affirm that it is among the best historical productions which have yet been composed by any Englishman. It is w^ell known that the English have not much excelled in that kind of literature. He died in 1623, aged seventy-three years. We shall mention the king himself at the end of these English writers ; because that is Ms place, when considered as an author. It may safely be affirmed that the mediocrity of James's talents in literature, joined to the great change in national taste, is one cause of that contempt under which 116 filSTOET OF ENGLAND, his memory labors, and which is often carried bv party writers to a great extreme. It is remarkable how different from ours were the sentiments of the ancients with regard to learning. Of the first twenty Roman emperors, counting from Cassar to Severus, above the half were authors ; and though few of them seem to have been eminent in that pro- %ssion, it is always remarked to their praise that by their example they encouraged literature. Not to mention Ger- manicus, and his daughter Agrippina, persons so nearly allied to the throne, the greater part of the classic writers whose works remain were men of the highest quality. As every human advantage is attended with inconveniences, the change of men's ideas in this particular may probably be ascribed to the invention of printing, which has rendered books so common that even men of slender fortunes can have access to them. That James was but a middling writer may be allowed ; that he was a contemptible one can by no means be admitted. Whoever will read his Basilicon Doron, particularly the two last books, the True Law of Free Monarchies, his answer to Cardinal Perron, and almost all his speeches and messages to Parliament, will confess him to have possessed no mean genius. If he wrote concerning witches and apparitions, who in that age did not admit the reality of these fictitious beings? If he has composed a commentary on the Revelar tions, and proved the pope to be Antichrist, may not a similar reproach be extended to the famous Napier, and even to Newton, at a time when learning was much more advanced than during the reign of James ? From the grossness of its superstitions we may infer the ignorance of an age, but never should pronounce concerning the folly of an individual from his admitting popular errors consecrated by the appearance of religion. Such a superiority do the pursuits of literature possess above every other occupation that even he who attains but a mediocrity in them merits the pre-eminence above those that excel the most in the common and vulgar professions. The speaker of the House of Commons is usually an eminent lawyer; yet the harangue of his majesty will always be found much superior to that of the speaker in every Parlia- ment during his reign. Every science, as well as polite literature, must be con- sidered as being yet in its infancy. Scholastic learning and polemical divinity retarded the growth of all true knowledge. HISTORY OP ENGLAND. 117 Sir Henry Saville, in the preamble of that deed by which he annexed a salary to the mathematical and astronomical pro- fessors in Oxford, says that geometry was almost totally abandoned and unknown in England." The best learning of that age was the study of the ancients. Casaubon, emi- nent for this species of knowledge, was invited over from France by James, and encouraged by a pension of three hundred pounds a year, as well as by church preferments.'* The famous Antonio di Domiuis, Archbishop of Spalatro, no despicable philosopher, came likewise into England, and afforded great triumph to the nation by their gaining so considerable a proselyte from the Papists. But the mortifi- cation followed soon after. The archbishop, though advanced to some ecclesiastical preferments," received not encourage- ment sufficient to satisfy his ambition ; he made his escape into Italy, where he died in confinement. '5 Eymer, vol. xvii. p. 217. " Kymer, vol. xvii. p. 709. " Kymer, vol. xvii. p. 95. 118 HISTOEY OP ENGLAND. CHAPTER L. CHARLES I. A PARLIAMENT AT WESTMINSTER. AT OXFORD. NAVAL EX- PEDITION AGAINST SPAIN. SECOND PARLIAMENT. — IM- PEACHMENT OP BUCKINGHAM. VIOLENT MEASURES OP THE COURT. WAR WITH PRANCE. EXPEDITION TO THE ISLE OP RHB. [1625.] No sooner had Charles taken into his hands the reins of government than he showed an impatience to as- semble the great council of the nation ; and he would gladly, for the sake of despatch, have called together the same Parliament which had sitten under his father, and which lay at that time under prorogation. But being told that this measure would appear unusual, he issued writs for summon- ing a new Parliament on the 7th of May; and it was not without regret that the arrival of the Princess Henrietta, whom he had espoused by proxy, obliged him to delay, by repeated prorogations, their meeting till the 18th of June, when they assembled at Westminster for the despatch of business. The young prince, inexperienced and impoli- tic, regarded as sincere all the praises and caresses with which he had been loaded while active in procuring the rupture with the house of Austria ; and, besides that he labored under great necessities, he hastened with alacrity to a period when he might receive the most undoubted tes- timony of the dutiful attachments of his subjects. His discourse to the Parliament was full of simplicity and cor- diality. He lightly mentioned the occasion which he had for supply.^ He employed no intrigue to influence the (suffrages of the members. He would not even allow the officers of the crown who had seats in the House to mention any particular sura which might be expected by him. Se- cure of the affections of the Commons, he was resolved that their bounty should be entirely their own deed — unasked, " Rushwortli, vol. i. p. 171. Parliamentary History, TOl. Ti. p. 346. Pranlt- Ivn, p. 108. HISTORY OF ENGLAND. ITi)- tinsolicited — the genuine fruit of sincere confidence and regard. The House of Commons accordingly took into consider- ation the business of supply. They knew that all the money granted by the last Parliament had been expended on naval and military armaments, and that great anticipations were likewise made on the revenues of the crown. They were not ignorant that Charles was loaded with a large debt, contracted by his father, who had borrowed money both from his own subjects and from foreign princes. They had learned by experience that the public revenue could with diflBculty maintain the dignity of the crown, even under the ordinary charges of government. They were sensible that the present war was very lately the result of their own im- portunate applications and entreaties, and that they had solemnly engaged to support their sovereign in the manage- ment of it. They were acquainted with the difficulty of military enterprises directed against the whole house of Austria ; against the King of Spain, possessed of the great-; est riches and most extensive dominions of any prince in' Europe ; against the emperor Ferdinand, hitherto the most fortunate monarch of his age, who had subdued and aston^ ished Germany by the rapidity of his victories. Deep im- pressions, they saw, must be made by the English sword, and a vigorous offensive war be waged against these mighty potentates, ere they would resign a principality which they had now fully subdued, and which they held in secure pos- session, by its being surrounded with all their other terri- tories. To answer, therefore, all these great and important ends ; to satisfy their young king in the first request which he made them; to provetheir sense of the many royal vir- tues, particularly economy, with which Charles was endowed, the House of Commons, conducted by the wisest and ablest senators that had ever flourished in England, thought proper to confer on the king a supply of two subsidies, amounting to one hundred and twelve thousand pounds.^ This measure, which discovers rather a cruel mockery of Charles than any serious design of supporting him, ap- pears so extraordinary, when considered in all its circum- stances, that it naturally summons up our attention and raises an inquiry concerning the causes of a conduct unpre- 2 A subsidy was now fallen to about fifty-six thousand pounds.— Cabala, p. S24, first edit. 120 HISTOET OP ENGLAND. cedented in an English Parliament. So numerous an as- sembly, composed of persons of various dispositions, was not, it is probable, wholly influenced by the same motives, and few declared openly their true reason. We shall, therefore, approach nearer to the truth if we mention all the views which the present conjuncture could suggest to them. It is not to be doubted but spleen and ill-will against the Duke of Buckingham had an influence with many. So vast and rapid a fortune, so little merited, could not fail to excite public envy ; and however men's hatred might have been suspended for a moment, while the duke's conduct seemed to gratify their passions and their prejudices, it was impossible for him long to preserve the affections of the people. His influence over the modesty of Charles exceed- ed even that which he had acquired over the weakness of James ; nor was any public measure conducted but by his counsel and direction. His vehement temper prompted him to raise suddenly to the highest elevation his flatterers and dependants, and upon the least occasion of displeasure he threw them down with equal impetuosity and violence. Implacable in his hatred, fickle in his friendships, all men were either regarded as his enemies or dreaded soon to be- come such. The whole power of the kingdom was grasped by his insatiable hand, while he both engrossed the entire confidence of his master and held, invested in his single person, the most considerable offices of the crown. However the ill-humor of the Commons might have been increased by these considerations, we are not to sup- pose them the sole motives. The last Parliament of James, amid all their joy and festivity, had given him a supply very disproportioned to his demand and to the occasion ; and, as every House of Commons which was elected during forty years succeeded to all the passions and principles of their ]iredecessors, we ought rather to account for this obstinacy from the general situation of the kingdom during that whole period than from any circumstances which attended this particular conjecture. The nation was very little accustomed at that time to the burden of taxes, and had never opened their purses in any degree for supporting their sovereign. Even Elizabeth, notwithstanding her vigor and frugality, and the necessary wars in which she was engaged, had reason to complain o'f the Commons in this particular ; nor could the authority HISTORY OP ENGLAND. 121 of that princess, which was otherwise almost absolute, ever extort from them the requisite supplies. Habits, more than reason, we find in everything to be the governing principle of mankind. In this view, likewise, the sinking of the value of subsidies must be considered as a loss to the king. The Parliament, swayed by custom, would not aug- ment their number in the same proportion. The puritanical party, though disguised, had a great au- thority over the kingdom, and many of the leaders among the Commons had secretly embraced the rigid tenets of that sect. All these were disgusted with the court, both by the prevalence of the principles of civil liberty essential to their party, and on account of the restraint under which they were held by the established hierarchy. In order to fortify himself against the resentment of James, Buck- ingham had affected popularity, and entered into the cabals of the Puritans ; but, being secure of the confidence of Charles, he had since abandoned this party, and on that account was the more exposed to their hatred and resent- ment. Though the religious schemes of many of the Puri- tans, when explained, appeared pretty frivolous, we are not thence to imagine that they were pursued by none but per- sons of weak understandings. Some men of the greatest parts and most extensive knowledge that the nation at this time produced could not enjoy any peace of mind because obliged to hear prayers offered up to the Divinity by a priest covered with a white linen vestment. The match with France, and the articles in favor of CatholicSjWhich were suspected to be in the treaty, were likewise causes of disgust to this whole party ; though it must be remarked that the connections with that crown were much less obnoxious to the Protestants and less agree- able to the Catholics than the alliance formerly projected with Spain, and were therefore received rather with pleas- ure than dissatisfaction. To all these causes we must yet add another of consider- able moment. The House of Commons, we may observe, was almost entirely governed by a set of men of the most uncommon capacity and the largest views — men who were now formed into a regular party, and united, as well by fixed aims and projects as by the hardships which some of them had undergone in prosecution of them. Among these we may mention the names of Sir Edward Coke, Sir Edwin Sandys, Sir Robert Philips, Sir Francis Seymour, Sir Dudley 122 HIS.TOET OF ENGLAND, Digges, Sir John Elliot, Sir Thomas Wentworth, Mr. Sel- den, and Mr. Pym. Animated with a warm regard to lib- erty, these generous patriots saw with regret an unbounded power exercised by the crown, and were resolved to seize the opportunity which the king's necessities offered them of reducing the prerogative within more reasonable com- pass. Though their ancestors had blindly given way to practices and precedents favorable to kingly power, and had been able, notwithstanding, to preserve some small re- mains of liberty, it would be impossible, they thought, when all these pretensions were methodized and prosecuted by the increasing knowledge of the age, to maintain any shadow of popular government in opposition to such unlim- ited authority in the sovereign. It was necessary to fix a choice : either to abandon entirely the privileges of the peo- ple or to secure them by firmer and more precise barriers than the constitution had hitherto provided for them. In this dilemma men of such aspiring geniuses and such inde- pendent fortunes could not long deliberate: they boldly embraced the side of freedom, and resolved to grant no sup- plies to their necessitous prince without extorting conces- sions in favor of civil liberty. The end they esteemed beneficent and noble, the means regular and constitutional. To grant or refuse supplies was the undoubted privilege of the Commons; and as all human governments, particularly those of a mixed frame, are in continual fluctuation, it was as natural, in their opinion, and allowable, for popular as- semblies to take advantage of favorable incidents in order to secure the subject as for monarchs in order to extend their own authority. With pleasure they beheld the king involved in a foreign war which rendered him every day more dependent on the Parliament, while at the same time the situation of the kingdom, even without any military preparations, gave it sufiicient security against all invasion from foreigners. Perhaps, too, it had partly proceeded from expectations of this nature that the popular leaders had been so urgent for a rupture with Spain ; nor is it credible that religious zeal could so far have blinded all of them as to make them discover in such a measure any ap- pearance of necessity or any hope of success. But however natural all these sentiments might appear to the country party, it is not to be imagined that Charles would entertain the same idea. Strongly prejudiced in favor of the duke, whom he had heard so highly extolled in HISTOEY OF ENGLAND. 123 ParMament, he could not conjecture the cause of so sudden an alteration in their opinions ; and when the war which they themselves had so earnestly solicited was at last com- menced, the immediate desertion of their sovereign could not but seem very unaccountable. Even though no further motive had been suspected, the refusal of supply in such circumstances would naturally to him appear cruel and deceitful; but when he perceived that this measure pro- ceeded from an intention of encroaching on his authority, he failed not to regard these claims as highly criminal and traitorous. Those lofty ideas of monarchical power which were very commonly adopted during that age, and to which the ambiguous nature of the English constitution gave so plausible an appearance, were firmly riveted in Charles ; and however moderate his temper, the natural and unavoid- able prepossessions of self-love, joined to the late uniform precedents in favor of prerogative, had made him regard his political tenets as certain and uncontroverted. Taught to consider even the ancient laws and constitution more as lines to direct his conduct than barriers to withstand his power, a conspiracy to erect new ramparts in order to straiten his authority appeared but one degree removed from open sedition and rebellion. So atrocious in his eyes was such a design that he seems even unwilling to impute it to the Commons ; and though he was constrained to ad- journ the Parliament by reason of the plague, which at that time raged in London, he immediately reassembled them at Oxford, and made a new attempt to gain from them some supplies in such an urgent necessity. Charles now found himself obliged to depart from that delicacy which he had formerly maintained. By himself or his ministers, he entered into a particiilar detail both of the alliances which he had formed and of the military operations which he had projected.' He told the Parliament that by a promise of subsidies he had engaged the King of Denmark to take part in the war; that this monarch intended to enter Germany by the north, and to rouse to arms those princes who impatiently longed for an opportunity of as- serting the liberty of the empire ; that Mansfeldt had undertaken to penetrate with an English army into the Palatinate, and by that quarter to excite the members of the evangelical union ; that the States must be supported in the unequal warfare which they maintained with Spain ; 3 Dugdale, pp. 25, 26. 124 HISTORY OF ENGLAND. that no less a sum than seven hundred thousand pounds a year had been found, by computation, requisite for all these purposes ; that the maintenance of the fleet and the defence of Ireland demanded an annual expense of four hundred thousand poimds ; that he himself had already exhausted and anticipated in the public service his whole revenue, and had scarcely left sufficient for the daily subsistence of himself and his family;^ that on his accession to the crown he found a debt of above three hundred thousand pounds, contracted by his father in support of the Palatine ; and that, while Prince of Wales, he had himself contracted debts, notwithstanding his great frugality, to the amount of seventy thousand pounds, which he had expended entirely on naval and military armaments. After mentioning all these facts, the king even condescended to use entreaties. He said that this request was the first that he had ever made them ; that he was young, and in the commencement of his reign ; and if he now met with kind and dutiful usage, it would endear to him the use of parliaments, and would for- ever preserve an entire harmony between him and his people.* To these reasons the Commons remained inexorable. Notwithstanding that the king's measures, on the supposi- tion of a foreign war, which they had constantly demanded, were altogether unexceptionable, they obstinately refused any further aid. Some members, favorable to the court, hav- ing insisted on an addition of two-fifteenths to the former supply, even this pittance was refused,^ though it was known that a fleet and army were lying at Portsmouth in great want of pay and provisions, and that Buckingham, the admi- ral, and the treasurer of the navy, had advanced on their own credit near a hundred thousand pounds for the sea- service.' Besides all their other motives, the House of Com- mons had made a discovery which, as they wanted but a pretence for their refusal, inflamed them against the court and against the Duke of Buckingham. When James deserted the Spanish alliance, and courted that of France, he had promised to furnish Louis, who was entirely destitute of naval force, with one ship-of-war, to- gether with seven armed vessels hired from the merchants. These the French court had pretended they would employ * Parliamentary History, vol. vi. p. 396, » RushworUi, vol. i. pp. 177, 178, etc. Parliamentary Hlstorv, vol vi n ■im Fraiiklyn, pp. 108, 109. Journal, August 10, 1625. j. voi. vi. p. aja. 6 Bushwortli, vol. i. 190. ' Parliamentary History, vol. vi. p. 390. HISTORY OF ENGLAND. 125 against the Genoese, who, being firm and useful allies to the Spanish monarchy, were naturally regarded with an evil eye both by the King of France and of England. When these vessels by Charles's orders arrived at Dieppe, there arose a strong suspicion that they were to serve against Rochelle. The sailors were inflamed. That race of men, who are at present both careless and ignorant in all matters of religion, were at that time only ignorant. They drew up a remon- strance to Pennington, their commander; and, signing all their names in a circle, lest he should discover the ringleaders, they laid it under his prayer book. Pennington declared that he would rather be hanged in England for disobedience than fight against his brother Protestants in France. The whole squadron sailed immediately to the Downs. There they received new orders from Buckingham, lord admiral, to return to Dieppe. As the duke knew that authority alone would not suffice, he employed much art and many subtle- ties to engage tliem to obedience, and a rumor which was spread that peace had been concluded between the French king and the Huguenots assisted him in his purpose. When they arrived at Dieppe, they found that they had been de- ceived. Sir Ferdinando Gorges, who commanded one of the vessels, broke through and returned to England. All the officers and sailors of all the other ships, notwithstand- ing great offers made them by the French, immediately deserted. One gunner alone preferred duty towards his king to the cause of religion, and he was afterwards killed in charging a cannon before Rochelle." The care which his- torians have taken to record this frivolous event proves with what pleasure the news was received by the nation. The House of Commons, when informed of these trans- actions, showed the same attachment with the sailors for the . Protestant religion ; nor was their zeal much better guided by reason and sound policy. It was not considered that it was highly probable the king and the duke themselves had here been deceived by the artifices of France, nor had they any hostile intention against the Huguenots ; that were it otherwise, yet might their measures be justified by the most obvious and most received maxims of civil policy ; that if the force of Spain were really so exorbitant as the Commons imagmed, the French monarch was the only prince that could oppose its progress and preseiwe the balance of Eu- rope ; that his power was at present fettered by the Hugue- « Franklyii, p. 109. Eushworth, vol. 1. pp. 170, 176, etc., 329, 326, etc. 126 HISTOET OF ENGLAND. nots, who, being possessed of many privileges, and even of 'fortified towns, formed an empire within his empire, and kept him in perpetual jealousy and inquietude; that an in- surrection had been at that time wantonly and voluntarily formed by their leaders, who, being disgusted in some court intrigue, took advantage of the never-failing pretence of religion in order to cover their rebellion ; that the Dutch, influenced by these views, had ordered a squadron of twenty ships to join the French fleet employed against the inhab- itants of Rochelle ; ' that the Spanish monarch, sensible of the same consequences, secretly supported the Protestants in France ; and that all princes had ever sacrificed to rea- sons of state the interests of their religion in foreign coun- tries. All these obvious considerations had no influence. Great murmurs and discontents still prevailed in Parlia- ment. The Huguenots, though they had no ground of com- plaint against the French court, were thought to be as much entitled to assistance from England as if they had taken arms in defence of their liberties and religion against the persecuting rage of the Catholics. And it plainl}^ appears from this incident, as well as from many others, that of all European nations the British were at that time, and till long after, the most under the influence of that religious spirit which tends rather to inflame bigotry than increase peace and mutual charity. On this occasion the Commons renewed their eternal complaints against the growth of popery, which was ever the chief of their grievances, and now their only one." They demanded a strict execution of the penal laws against the Catholics, and remonstrated against some late pardons granted to priests." They attacked Montague, one of the king's chaplains, on account of a moderate book which he had lately published, and' which, to their great disgust, saved virtuous Catholics as well as other Christians from eternal torments.^'' - Charles gave them a gracious and com- pliant answer to all their remonstrances. "He was, however, in Lis heart extremely averse "to these furious measures. Though a determined Protestant- by principle as well as inclination, he had entertained no violent horror agamst popery, and a little humanity, he thought, was due by the nation to the religion of their ancestors. That deo-ree of liberty which is now indulged to Catholics, though a party ' Journal, April 18, 1626. lo Franklyn, p. s. eto. " Parliamentary History, vol. vi. p. 374. Journal, August 1, 1625 « Parliamentary History, vol. vi, p. 353. Journal, July T, 1625. HISTORY OF ENGLAND. 127 much more obnoxious than during the reign of the Stuarts, it suited neither with Charles's sentiments nor the humor of the age to allow them. An abatement of the more rigorous laws was all he intended, and his engagements with France, notwithstanding that their regular execution had never been promised or expected, required of him some indulgence. But so unfortunate was this prince that no measure em- braced during his whole reign was ever attended with more unhappy and more fatal consequences. The extreme rage against popery was a sure character- istic of Puritanism. The House of Commons discovei-ed other infallible symptoms of the prevalence of that party. They petitioned the king for replacing such able clergy as had been silenced for want of conformity to the ceremonies.^' They also enacted laws for the strict observance of Sunday, which the Puritans affected to call the Sabbath, and which they sanctified by the most melancholy indolence." It is to be remarked that the different appellations of this festival were at that time known symbols of the different parties. The king, finding that the Parliament was resolved to grant him no supply, and would furnish him with nothing but empty protestations of duty^° or disagreeable complaints of grievances, "took advantage of the plague,^" which began to appear at Oxford, and on that pretence immediately dis- solved them. By finishing the session with a dissolution, instead of a prorogation, he sufficiently expressed his dis- pleasure of their conduct. To supply the want of parliamentary aids, Charles issued privy seals for borrowing money from his subjects." The advantage reaped by this expedient was a small com- pensation for the disgust which it occasioned ; by means, however, of that supply, and by other expedients, he was, though with difficulty, enabled to equip his fleet. It con- sisted of eighty vessels, great and small, and carried on board an army of ten thousand men. Sir Edward Cecil, lately created Viscount Wimbleton, was intrusted with the command. He sailed immediately for Cadiz, and found the bay full of Spanish ships of great value. He either neg- " BuBhworth, vol. i. p. 281. " 1 Oar. I. eap.l. Journal, June 21, 1625. " Franklyn, p. 113. Rushworth, vol. i. p. 190. 11 The plague was really bo violent that it ))ad been moved In the House, at the beginning of the session, to petition the king to adjourn them. — Journal. .June 21, 1626. So it was impossible to enter upon grievances, even-if there had been any. The only business of the Parliament was to give supply, which was BO much wanted by the king in order to carry on the war In which they had en- gaged him. K Eushworlh, vol. i. p. 192. Parliamentary History, vol. vi. p. 407. 128 HISTORY OF ENGLAND, lected to attack these ships, or attempted it preposterousl)r. The army was landed and a fort taken ; but the undisci- plined soldiers, finding store of wine, could not be restrained from the utmost excesses. Further stay appearing fruitless, they were re-embarked, and the fleet put to sea with an in- tention of intercepting the Spanish galleons. But the plague having seized the seamen and soldiers, they were obliged to abandon all hopes of this prize and return to England. Loud complaints were made against the court for intrusting so imjjortant a command to a man like Cecil, whom, though he possessed great experience, the people, judging by the event, esteemed of slender capacity.^* [1626.] Charles, having failed of so rich a prize, was obliged again to have recourse to a Parliament. Though the ill success of his enterprises diminished his authority, and showed every day more jjlainly the imprudence of the Spanish war ; though the increase of his necessities rendered him more dependent, and more exposed to the encroach- ments of the Commons, he was resolved to try once more that regular and constitutional expedient for supply. Per- haps, too, a little political art which at that time he prac- tised was much trusted to. He had named four popular leaders sheriffs of counties — Sir Edward Coke, Sir Robert Philips, Sir Thomas Wentworth, and Sir Francis Seymour ; and though the question had been formerly much contested,^' he thought that he had by that means incapacitated them from being elected members. But his intention being so evident rather put the Commons more upon their guard. Enow of patriots still remaincid to keep up the ill-humor of the House, and men needed but little instruction or rhetoric to recommend to them practices which increased their own im- portance and consideration. The weakness of the court, also, could not more evidently appear than by its being re- duced to use so ineffectual an expedient in order to obtain an influence over the Commons. The views, therefore, of the last Parliament were im- mediately adopted ; as if the same men had been every- where elected, and no time had intervened since their meet- ing. When the king laid before the House his necessities, and asked for supply, they immediately voted him three subsidies and three fifteenths ; and though they afterwards 18 Fraiiklyn, p. 113. Rushworth, vol. i. p. 196. 19 It iB always an express clause in the writ of summons that no sherifE shall be chosen ; but the contrary practice had often prevailed — D'Ewes d 38 Yet still great doubts were entertained on this head. See Journal, April's 1614 HISTORY OF ENGLAND. 129 added one subsidy more, the sum was little proportioned to the greatness of the occasion, and ill fitted to promote those views of success and glory for which the young prince, in his first enterprise, so ardently longed. But this circum- stance was not the most disagreeable one. The supply was only voted by the Commons. The passing of that vote into a law was reserved till the end of the session.^ A con- dition was thereby made, in a very undisguised manner, with their sovereign. Under color of redressing grievances which, during this short reign, could not be very numerous, they were to proceed in regulating and controlling every part of government which displeased them ; and if the king either cut them short in this undertaking, or refused com- pliance with their demands, he must not expect any supply from the Commons. Great dissatisfaction was expressed by Charles at a treatment which he deemed so harsh and undutiful;^^ but his urgent necessities obliged him to sub- mit, and he waited with patience, observing to what side they would turn themselves. The Duke of Buckingham, formerly obnoxious to the public, became every day more unpopular, by the symptoms which appeared both of his want of temper arid prudence and of tlie uncontrolled ascendant which he had acquired over his master.^^ Two violent attacks he was obliged this session to sustain — one from the Earl of Bristol, another from the House of Commons. As long as James lived, Bristol, secure of the concealed favor of that monarch, had expressed all duty and obedience, in expectation that an opportunity would offer of rein- statmg himself in his former credit and authority. Even after Charles's accession, he despaired not. He submitted to the king's commands of remaining at his country-seat and of absenting himself from Parliament. Many trials he made to regain the good opinion of his master ; but, finding them all fruitless, and observing Charles to be entirely gov- erned by Buckingham, his implacable enemy, he resolved no longer to keep any measures with the court. A new spirit, he saw, and a new power, arising in the nation, and to these he was determined for the future to trust for his security and protection. "> Journal, March 2T, 1626. 21 Parliamentary History, vol. xi. p. 449. Rushworth, vol. i. p. 224. 22 His credit with the king had given him such influence that he had no less than twenty proxies granted Iiim this Parliament by so many peers, which occa- sioned a vote that no peer should have above two proxies. The Earl of Leices- ter, iu 1585, had once ten proxies.— D'Ewes, p. 314. Vol. IV.— 9 130 HISTORY OP ENGLAND. When the Parliament was summoned, Charles, by a stretch of prerogative, had given orders that no writ, as is customary, should be sent to Bristol.^^ That nobleman ap-- plied to the House of Lords by petition, and craved their good offices with the king for obtaining what was his due as a peer of the realm. His writ was sent him, but accom- panied with a letter from the lord keeper, Coventry, com- manding him, in the king's name, to absent himself from Parlianient. This letter Bristol conveyed to the Lords, and asked advice how to proceed in so delicate a situation." The king's prohibition was withdrawn, and Bristol took his seat. Provoked at these repeated instances of vigor, which the court denominated contumacy, Charles ordered his attorney-general to enter an accusation of high treason against him. By way of recrimination, Bristol accused Buckingham of high treason. Both the earl's defence of himself and accusation of the duke remain ; ^ and, together with some original letters still extant, contain the fullest and most authentic account of all the negotiations with the house of Austria. Prom the whole, the great imprudence of the duke evidently appears, and the sway of his un- governable passions ; but it would be difficult to collect thence any action which, in the eye of the law, could be deemed a crime, much less could subject him to the penalty of treason. The impeachment of the Commons was still less danger- ous to the duke, were it estimated by the standard of law and equity. The House, after having voted upon some queries of Dr. Turner's, that common fame was a sufficient ground of accusation by the Comm.ons^^ proceeded to frame regular articles against Buckingham. They accused him of having united many offices in his person ; of having bought two of them ; of neglecting to guard the seas, insomuch that many merchant-ships had fallen into the hands of the enemy; of delivering ships to the French king in order to serve against the Huguenots ; of being employed in the sale of honors and offices ; of accepting extensive grants from the crown ; of procuring many titles of honor for his kin- dred ; and of administering physic to the late king without acquainting his physicians. All these articles appear, from comparing the accusation and reply, \o be either frivolous » Eushworth, vol- i. p. 236. 24 Eushworth, vol. i. p. 237. Franklyn, p. 123, elc. 20 Eushworth, vol. i. pp. 256, 262, 263, etc. Frauklyn, p. 122 etc M Eushworth, vol. i. p. 217. Whitlocke, p. 5. - «- . • HISTORY OF ENGLAND. 131 or false, or both.^ The only charge which could be re- garded as important was, that he had extorted a sum of ten thousand pounds from the East India Company, and that he had confiscated some goods belonging to French merchants, on pretence of their being the property of Spanish. The impeachment never came to a full determination, so that it is difficult for us to give a decisive opinion with regard to these articles. But it must be confessed that the duke's an- swer in these particulars, as in all the rest, is so clear and satisfactory that it is impossible to refuse our assent to it.'^ His faults and blemishes were in many respects very great ; but rapacity and avarice were vices with which he was en- tirely unacquainted. It is remarkable that the Commons, though so much at a loss to find articles of charge against Buckingham, never adopted Bristol's accusation, or impeached the duke for his conduct in the Spanish treaty, the most blamable circum- stance in his whole life. He had reason to believe the Span- iards sincere in their professions ; yet, in order to gratify his private passions, he had hurried his master and his coun- try into a war pernicious to the interests of both. But so riveted throughout the nation were the prejudices with re- gard to Spanish deceit and falsehood that very few of the Commons seem as yet to have been convinced that they had been seduced by Buckingham's narrative — a certain proof that a discovery of this nature was not, as is im- agined by several historians, the cause of so sudden and surprising a variation in the measures of the Parliament.^ While the Commons were thus warmly engaged against Buckingham, the king seemed desirous of embracing every opportunity by which he could express a contempt and dis- regard for them. No one was at that time sufliciently sen- sible of the great weight which the Commons bore in the balance of the constitution. The history of England had never hitherto afforded one instance where any great move- ment or revolution had proceeded from the Lower House. And as their rank, both considered in a body and as indi- viduals, was but the second in the kingdom, nothing less than fatal experience could engage the English princes to pay a due regard to the inclinations of that formidable as- sembly. The Earl of Suffolk, chancellor of the University of Cam- " Kushworth, vol. i. pp. 306, etc., 375, etc. Journal. March 25, 1626. 28 WMtloeke, p. 7. " See note [M] at the end of the volume. 132 HISTORY OF BNGLASTD. bridge, dying . about this time, Buckingham, though lying under ini])eachnient, wns yet, by means of court interest, chosen in his place. The Commons resented and loudly complained of this affront ; and, the more to enrage them, the king himself wrote a letter to the university, extolling the duke, and giving them thanks for his election.^" The lord keeper, in the king's name, expressly com- manded the House not to meddle with his minister and ser- vant, Buckingham ; and ordered them to finish, in a few days, the bill which they had begun for the subsidies, and to make some addition to them, otherwise they must not expect to sit any longer; ^■' and though these harsh com- mands were endeavored to be explained and mollified, a few days after, by a s]ieech of Buckingham's,^^ they failed not to leave a disagreeable impression behind them. Besides a more stately style which Charles in general af- fected to this Parliament than to the last, he went so far, in a message, as to threaten the Commons that if they did not furnish him with supplies, he should be obliged to try new counsels. This language was sufticiently clear; yet, lest any ambiguity should remain. Sir Dudley Carleton, vice-chamberlain, took care to explain it. " I pray you con- sider," said he, " what these new counsels are, or may be. I fear to declare those that I conceive. In all Christian kingdoms, you know that parliaments were in use anciently, by which those kingdoms were governed in a most flourish- ing manner, until the monarchs began to know their own strength, and, seeing the turbulent spirit of their parlia- ments, at length they, by little and little, began to stand on their prerogatives, and at last overthrew the parliaments throughout Christendom, except here only with us. Let us be careful, then, to preserve the king's good o]nnioil of par- liaments, which bringeth such happiness to this nation, and makes us envied of all others, while there is this sweetness between his majesty and the Commons, lest we lose the repute of a free people by our turbulency in Parliament." ^ These imprudent suggestions rather gave warning than struck terror. A precai-ious liberty, the Commons thought, which was to be preserved by unlimited complaisance, was no liberty at all ; and it was necessary, while yet in their power, to secure the constitution by such invincible barriers sn Eiishworth, vol. p. 371. 3i Parliamentary History, vol. vi t> 444 M Parliamentary History, vol. vi. p. 451. Kushworth, vol. i. p. 226 Frank- lyn, p. 118. ss Rusliwortli, vol. i. p. 359. Wliitlocke p 6 HISTOET OF ENGLAND. 133 that no king or minister should ever, for the future, dare to speak such a language to any Parliament, or even entertain such a project against them. Two members of the liouse. Sir Dudley Digges and Sir John Elliot, who had been employed as managers of the impeachment against the duke, were thrown into prison.^^ The Commons immediately declared that they would pro- ceed no further ujson business till they had satisfaction in' their privileges. Charles alleged as the reason of this measure certain seditious expressions, which, he said, had, in their accusation of the duke, dropped from these mem- bers. Upon inquiry, it appeared that no such expressions had been used.^^ The members were released, and the king reaped no other benefit from this attempt than to exasper- ate the House still further, and to show some degree of pre- cipitancy and indiscretion. Moved by this exaniple, the House of Peers were roused from their inactivity ; and claimed liberty for the Earl of Arundel, who had been lately confined in the Tower. After many fruitless evasions, the king, though somewhat ungracefully, was at last obliged to comply ; ^^ and in this incident it sufficiently appeared that the Lords, how little soever inclined to popular courses, were not wanting in a just sense of their own dignity. The ill-humor of the Commons, thus wantonly irritated by the court, and finding no gratification in the legal im- peachment of Buckingham, sought other objects on which it might exert itself. The never-failing cry of popery here served them instead. They again claimod the execution of the penal laws against Catholics ; and they presented to the king a list of persons intrusted with ofliices, most of them insig- nificant, who were either convicted or suspected recusants.^' In this particular they had, perhaps, some reason to blame the king's conduct. He had promised to the last House of Commons a redress of this religious grievance ; but he was apt, in imitation of his father, to imagine that the Par- liament, when they failed of supplying his necessities, had, on their part, freed him from the obligation of a strict per- formance. A new odium, likewise, by these representa- tions, was attempted to be thrown upon Buckingham. His mother, who had great influence over him, was a professed 8* Rushwoith, vol. i. p. 356. S5 Kushworth, vol. i. pp. 858, 361. Franldyn, p. 180. 36 Rushworth, vol. i. pp. 363, 364, etc. Tranklyn, p. 181. " Trauklyn, p. 195. Kushworth. 134 HISTORY OF ENGLAND. Catholic ; his wife was not free from suspicion ; and the in- dulgence given to Catholics was of course, supposed to pro- ceed entirely from his credit and authority. So violent was the bigotry of the times that it was thought a sufficient reason for disqualifying any one from holding an office that his wife, or relations, or companions were Papists, though he himself was a conformist.^* It is remarkable that persecution was here chiefly pushed on by laymen ; and that the Church was willing to have granted more liberty than would be allowed by the Com- mons. The reconciling doctrines likewise of Montague failed not anew to meet with severe censures from that zeal- ous assembly .^° The next attack made by the Commons, had it prevailed, would have proved decisive. They were preparing a re- monstrance against the levying of tonnage and poundage without consent of Parliament. This article, together with new impositions laid on merchandise by James,' constituted near half of the crown revenues ; and by depriving the king of these resources they would have reduced him to total subjection and dependence. While they retained such a pledge, besides the supply already promised, they were sure that nothing could be refused them. Though after canvass- ing the matter near three months, they found themselves utterly incapable of fixing any legal crime upon the duke, they regarded him as an unable and perhaps a dangerous minister ; and they intended to present a petition, which would then have been equivalent to a command, for remov- ing him from his majesty's person and councils.^" The king was alarmed at the yoke which he saw pre- pared for him. Buckingham's sole guilt, he thought, was the being his friend and favorite.^^ All the other complaints against him were mere pi-etences. A little before he was th-e idol of the people. No new crime had since been dis- covered. After the most diligent inquiry, prompted by the greatest malice, the smallest appearance of guilt could not be fixed upon him. What idea, he asked, must all mankind entertain of his honor, should he sacrifice his innocent friend to pecuniary considerations? What further authority should he retain in the nation were he capable, in the beo-innin"' of his reign, to give, in so signal an instance, sneh^mattet- of triumph to his enemies and discouragement to his adherents? '• See the list in Franklyn and Rushwortli. so Rushworth vol ) n im « BusliwortU, vol. i. p. 400. Franklyn, p 199. « Franklyn, p. m. HISTORY OP ENGLAIfD. 135 To-day the Commons pretend to wrest his minister from him ; to-morrow they will attack some branch of his prerog- ative. By their remonstrances and promises and protesta- tions, they had engaged the crown in a war. As soon as they saw a retreat impossible, without waiting for new in- cidents, without covering themselves with new pretences, they immediately deserted him and refused him all reason- able supply. It was evident that they desired nothing so much as to see him plunged in ine.xtricable difficulties, of which they intendefl to take advantage. To such deep per- fidy, to such unbounded usurpations, it was necessary to oppose a proper firmness and resolution. All encroach- ments on supreme power could only be resisted successfully oh the first attempt. The sovereign authority was, with some difficulty, reduced from its ancient and legal height ; but when once pushed downwards it soon became contempti- ble, and would easily, by the continuance of the same effort, now encouraged by success, be carried to the lowest ex- tremity. Prompted by these plausible motives, Charles was deter- mined immediately to dissolve the Parliament, When this resolution was known, the House of Peers, whose compliant behavior entitled them to some authority with him, endeav- ored to interpose ; ^^ and they petitioned him that ho would allow the Parliament to sit some time longer. " Not a mo- ment longer," cried the king, hastily ; ^^ and soon after ended the session by a dissolution. As this measure was foreseen, the Commons took care to finish and disperse their remonstrances, which they in- tended as a justification of their conduct to the people. The king likewise, on his part, published a declaration, in which he gave the reasons of his disagreement with the Parliament, and of their sudden dissolutioh, before they had time to con- clude any one act.^* These papers furnished the partisans on both sides with ample matter of apology or of recrimina^ tion. But all impartial men judged " that the Commons, though they had not as yet violated any law, yet, by their unpliableness and independence, were insensibly changing, perhaps improving, the spirit and genius, while they pre- served the form, of the constitution ; and that the king was acting altogether without any plan, running on in a road surrounded on all sides with the most dangerous precipices, « Rushworth, vol. i. p. 398. " Sanderson's Lite of Charles I. p. 58. " Fraiiklyn, p. 203, etc. Parliamentary History, vol. vii. p. 300. 136 HISTORY OF ENGLAND. and concerting no proper measures either for submitting to the obstinacy of the Commons or for subduing it." After a breach with the Parliament which seemed so dif- ficult to repair, the only rational counsel which Charles could pursue was immediately to conclude a peace with Spain, and to render himself, as far as possible, independent of his people, who discovered so little inclination to support him, or, rather, who seemed to have formed a determined resolu- tion to abridge his authority. Nothing could be more easy in the execution than this measure, nor more agreeable to his own and to national interest. But, besides the treaties and engagements which he had entered into with Holland and Denmark, the king's thoughts were at this time averse *o pacific counsels. There are two circumstances in Charles's character seemingly incompatible, which attended him dur- ing the whole course of his reign, and were in part the cause of his misfortunes. He was very steady, and even obstinate, in his purpose ; and he was easily governed, by reiison of his facility and of his deference to men much inferior to himself both in morals and understanding. His great ends he inflexibly maintained ; but tlie means of attaining tliem he readily received from his ministers and favoi'ites, tliough not always fortunate in his choice. The violent, impetuous Buckingham, inflamed with a desire of revenge for injuries which he himself had committed, and animated with a love of glory which he had not talents to merit, had at this time, notwithstanding his profuse licentious life, acqnii-ed an in- vincible ascendant over the virtuous and gentle temper of the king. The neto counsels which Charles had mentioned to the Parliament were now to be tried, in order to supply his necessities. Had he possessed any military force on which he could rely, it is not improbable that lie had at once taken off the mask and governed without any regard to parlia- mentary privileges : so high an idea had he received of kingly prerogative, and so contemptible a notion of the rights of those popular assemblies from which he very naturally thought he had met with such ill usage. But his army v.-as new levied, ill paid, and worse disciplined ; nowise superior to the militia, who were much more numerous, and who were in a great measure under the influence of the country gentlemen. It behooved him, therefore, to proceed cautious! v, and to cover his enterprises under the pretence of ancient precedents, which, considering the great authority com- HISTOEY OF ENGLAISTD. 137 monly enjoyed by his predecessors, could not be wanting to himself. A commission was openly granted to compound with the Catholics, and agree for dispensing with the penal laws en- acted against them." By this expedient the king both filled his coffers and gratified his inclination of giving indulgence to these religionists ; but he could not have employed any branch of prerogative which would have been more disagree- able or would have appeared more exceptionable to his Prot- estant subjects. From the nobility he desired assistance. From the city he required a loan of one hundred thousand pounds. The former contributed slowly ; but the latter, covering them- selves under many pretences and excuses, gave him at last a flat refusal.^^ In order to equip a fleet, a distribution, by order of coun- cil, was made to all the maritime towns ; and each of them was required, with the assistance of the adjacent counties, to arm so many vessels as vvere appointed them." The city of London was rated at twenty sliips. This is the first ap- pearance in Charles's reign of ship-money — a taxation which had once been imposed by Elizabeth, but which afterwards, when carried some steps further by Charles, created such violent discontents. Of some, loans were required ; ^' to others, the way of be- nevolence was ]iroposed: methods supported by precedent, but always invidious, even in times more submissive and com]iliant. In the most absolute govei'nments such expedi- ents would be regarded as irregulai- and unequal. Tliese counsels for supply were conducted with some moderation till news arrived that d great battle was fought between the King of Denmark and Count Till}^, tlie imperial general, m which the former was totally defeated. Money now, more than ever, became necessary, in order to repair so great a breach in the alliance, and to support a prince who was so nearly allied to Charles, and who had been en- gaged in the war, chiefly by the intrigues, solicitations, and promises of the Englisli monarch. After some deliberation, an act of council was passed, importing that as the urgency of affairs admitted not the way of Parliament, the most speedy, equal, and convenient method of supply was by a '» Eushworth, vol. i. p. 413. "Wliitlocke, p. 7. « Rushworth, vol. i. p. 415. Frauklyn, p. 206. « Kuahworth, ut supra. *8 Xiushwortli, vol. i. p. 416. 138 HISTORY OF ENGLAND. GENERAL LOAN from the subject, according as every man was assessed in the rolls of the last subsidy. " That precise sum was required which each would have paid had the vote of four subsidies passed into law ; but care was taken to in- form the people that the sums exacted were not to be called subsidies, but loans.*' Had any doubt remained whether forced loans, however authorized by precedent, and even by statute, were a violation of liberty, and must, by necessary consequence, render all Parliaments superfluous, this was the proper expedient for opening the eyes of the whole na- tion. The example of Henry VHI., who had once m his arbitrary reign practised a like method of levying a regular supply, was generally deemed a very insufiicient authority. The commissioners appointed to levy these loans, among other articles of secret instruction, were enjoined, " If any shall refuse to lend, and shall make delays or excuses, and persist in his obstinacy, that they examine him upon oath whether he has been dealt with to deny or refuse to lend, or make an excuse for not lending ; who has dealt with him, and what speeches or persuasions were used to that purpose; and that they also shall charge every such person, in his majesty's name, upon his allegiance, not to disclose to any one what his answer was." * So violent an inquisitorial power, so impracticable an attempt at secrecy, were the ob- jects of indignation, and even, in some degree, of ridicule. That religious prejudices might support civil authority, sermons were preached by Sibthorpe and Manwaring in favor of the general loan, and the court industriously spread them over the kingdom. Passive obedience was there rec- ommended in its full extent, the whole authority of the state was represented as belonging to the king alone, and all limitations of law and a constitution were rejected as sedi- tious and impious." So openly was this doctrine espoused by the court that Archbishop Abbot, a popular and virtu- ous prelate, was, because he refused to license Sibthorpe's sermon, suspended from the exercise of his office, banished from London, and confined to one of his country-seats.^^ Abbot's principles of liberty and his opposition to Bucking- ham had always rendered him very ungracious at court, and had acquired him the character of a Puritan. For it is re- markable that this party made the privileges of the nation, " Eushworth, toI. i. p. 418. Whitlocke, p. 8. M Rushworth, vol. i. p. 419. Fraiiklyii, p. 207. " Eushwoith, vol. i, p. 422. Frauklyn, p. 208. 52 lluBhworth, vol. i. p. 431. HISTORY OF ENGLAND, 139 as much a part of their religion as the Church party did the prerogatives of the crown ; and nothing tended further to recommend among the people, who always take opinions in the lump, the whole system and all the principles of the former sect. The king soon found by fatal experience that this engine of religion which with so little necessity was in- troduced into politics, falling under more foi-tunate man- agement, was played with the most terrible success against him. While the king, instigated by anger and necessity, thus employed the whole extent of his prerogative, the spirit of the people was far from being subdued. Throughout Eng- land many refused these loans. Some were even active in encouraging their neighbors to insist upon their common rights and privileges. By warrant of the council these were thrown into prison.''^ Most of them with patience submitted to confinement, or applied by petition to the king, who commonly released them. Five gentlemen alone — Sir Thomas Darnel, Sir John Corbet, Sir Walter Earl, Sir John Heveningham, and Sir Edmond Hambden — had spirit enough, at their own hazard and expense, to defend the public liberties, and to demand releasement, not as a favor from the court, but as their due by the laws of their country.^ No particular cause was assigned of tlieir com- mitment. The special command alone of the king and council was pleaded ; and it was asserted that, by law, this was not sufficient reason for refusing bail or releasement to "the prisoners. This question was brought to a solemn trial before the King's Bench ; and the whole kingdom was attentive to the issue of a cause which was of much greater consequence than the event of many battles. By the debates on this subject it appeared, beyond con- troversy, to the nation that their ancestors had been so jealous of personal liberty as to secure it against arbitrary power in the crown by six several statutes,^^ and by an article °^ of the gkeat chaetee itself, the most sacred foundation of the laws and constitution. But the Kings of England who had not been able to prevent the enacting of these laws had sufficient authority, when the tide of liberty was spent, to obstruct their regular execution ; and they 53 Rushworth, vol. i. p. 429. Fianklyn, p. 210. " EuBliworth, vol. 1. p. 458. Franklyii, p. 224. Whitlocke, p. 8. 65 25 Edw. III. cap. 4. 28 Edw. III. cap. 3. 37 Edw. III. cap. 18. 38 Edw. III. cap. 9. 42 Edw. III. cap. 3. 1 Eich. II. cap. 12. »« Ch. xxix. 140 HISTORY OF ENGLAND. deemerl it superfluous to attempt the formnl reiieal of statutes which they found so many expedients and pretences to ehide. Turbulent and seditious times frequently occurred when the safety of the people absolutely required the confinement of factious leaders ; and by the genius of tlie whole constitu- tion, the prince, of himself, was accustomed to assume every branch of prerogative whicli was found necessary for tho preservation of public peace and of his own authority. Ex- pediency of other times would cover itself under the ap- pearance of necessity ; and, in proportion as precedents multiply, tho will alone of the sovereign was sufficient to supply the ])liioe of expediency, of wnich he oonstituted Jiira- self the sole judge. In an age and nation where the power of a turbulent nobility prevailed, and whe'-e the king had no settled military force, the only means that could main- tain public peace was the exertion of such prompt and dis- cretionary powers in the crown ; and the public itself had become no sensible of the necessity that those ancient laws in favor of personal liberty, while often viol.-ited, had never been challenged or revived during the course of near three centuries. Though rebellious subjects had frequently in the open field resisted the king's authority, no person bad been found so bold when confined and at mercy as to set himself in opposition to regal power, and to claim the protection of the constitution against the will of the sovereign. It was not till this age — when the spirit of iioerty was universally diffused ; when the principles of government were nearly reduced to a system ; when the tempers of men, more civil- ized, seemed less to require those violent exertions of pre- rogative— that these five gentlemen above mentioned, by a noble effort, ventured, in this national cause, to brino- the question to a final determination. And the king was aston- ished to observe that a power exercised by his predecessors, almost without interru])tion, was found upon trial to be directly opposite to the clearest laws, and sujiported by few undoubted precedents in courts of judicature. These had scarcely, in any instance, refused b.ail upon commitments by 8]ieuial command of the king, because the ]iersons committed had seldom or never dared to demand it, at least to insist on their demand. [16:27.] Sir Randolf Crow, chief-justice, had been dis- placed as unfit for the pur])oses of the court. Sir Nicholas Hyde, esteemed more obsequious, had obtained that hit^h office ; yet the judges by his direction went no further than HISTORY OF ENGLAND. 141 to remand the gentlemen to prison and refuse the bail which was offered." lioathe, the attorney-general, insisted that the court, in imitation of the judges in the thirty-fourth of Elizabeth,^* should enter a general judgment that no bail could be granted upon a commitment by the king or council.^' But the judges wisely declined complying. The nation, they saw, was already to the last degree exasperated. In the present disposition of man's minds, universal com- plaints prevailed as if the kingdom were reduced to slavery. And the most invidious prerogative of the crown, it was said, that of imprisoning the subject, is here openly and solemnly, and in numerous instances, exercised for the most invidious pui-pose — in order to extort loans, or, rather, sub- sidies, without consent of Parliament. But this was not the only hardship of which the nation then thought they had reason to complain. The army, which had made the fruitless expedition to Cadiz, was dis- persed throughout the kingdom, and money was levied upon the counties for the payment of their quarters.™ The soldiers were billeted upon private houses, contrary to custom, which required that in all ordinary cases they should be quartered in inns and public-houses.^^ Those who had refused or delayed the loan were sure to be loaded with a great number of these dangerous and dis- orderly guests. Many, too, of low condition, who had shown a refrac- tory disposition, were pressed into the service and enlisted in the fleet or rirmy."'' Sir Peter Hayman, for the same reason, was despatched on an errand to the Palatinate.*^ Glanville, an eminent lawyer, had been obliged during the former interval of Parliament to accept of an office in the navy.^* The soldiers, ill-paid and undisciplined, committed many crimes and outrages, and much increased the public discon- tents. To prevent these disorders, martial law, so requisite to the support of discipline, was exercised upon the soldiers. By a contradiction, which is natural when the people are exasperated, the outrages of the army were complained of. The remedy was thought still more intolerable.'^'^ Though ' K Eushworth, vol. i. p. 462. "« State Trials, Tol. vii. p. 14T. 6» State Trials, vol. vii. p. 161. «» Eushworth, vol. i. p. 419. " Ibid. " Eushworth, vol. i. p. 423. «3 Eushworth, vol. 1. p. 431. " Parliamentary Histoiy, vol. vii. p. 310. ^ Eushworth, vol. i. p. 419- Whitlooke, p. 7. 142 HISTORY OP ENGLAND. the expediency, if we are not rather to say the necessity, of martial law had formerly been deemed, of itself, a suffi- cient ground for establishing it, men, now become more jealous of liberty and more relined reasoners in questions of government, regarded as illegal and arbitrary every exercise of authority which was not supported by express statute or uninterrupted precedent. It may safely be affirmed that, except a few courtiers or ecclesiastics, all men were displeased with this high exertion of prerogative and this new spirit of administration. Though ancient precedents were pleaded in favor of the king's measures, a considerable difference, upon comparison, was observed between the cases. Acts of power, however irregular, might casually and at intervals be exercised by a prince for the sake of despatch or expediency, and yet lib- erty still subsist in some tolerable degree under his admin- istration. But where all these were reduced into a system — were exerted without interruption, were studiously sought for in order to supply the place of laws and subdue the re- fractory spirit of the nation — it was necessary to find some speedy remedy, or finally to abandon all hopes of preserv- ing the freedom of the constitution. Nor did moderate men esteem the provocation which the king had received, though great, sufficient to warrant all these violent measures. The Commons as yet had nowise invaded his authority ; they had only exercised, as best pleased them, their own privi- leges. Was he justifiable, because from one House of Par- liament he had met with harsh and unkind treatment, to make in revenge an invasion on the rights and liberties of the whole nation ? But great was at this time the surprise of all men when Charles, baffled in every attempt against the Austrian do- minions, embroiled with his own subjects, unsupplied with any treasure but what he extorted by the most invidious and most dangerous measures — ^.s if the half of Europe, now his enemy, were not sufficient for the exercise of military prowess — wantonly attacked France, the other great king- dom in his neighborhood, and engaged at once in war against these two powers, whose interests were hitherto deemed so incompatible that they could never, it was thought, agree either in the same friendships or enmities. All authentic memoirs, both foreign and domestic, ascribe to Buckingham's counsels this war with France, and represent him as actuated by motives which would appear incredible HISTORY OF ENGLAND. 143 were we not acquainted with the violence and temerity of his character. The three great monarchies of Europe were at this time ruled by young princes — Philip, Louis, and Charles — who were nearly of the same age, and who had resigned the gov- ernment of themselves and of their kingdoms to their crea- tures and ministers, Olivarez, Richelieu, and Buckingham. The people, whom the moderate temper or narrow genius of their princes would have allowed to remain forever in tranquillity, were strongly agitated by the emulation and jealousy of the ministers. Above all, the towering spirit of Richelieu, incapable of rest, promised an active age, and gave indications of great revolutions throughout all Eu- rope. This man had no sooner, by suppleness and intrigue, gotten possession of the reigns of government than he formed at once three mighty projects — to subdue the turbulent spirits of the great, to reduce the rebellious Huguenots, and to curb the encroaching power of the house of Austria. Undaunted and implacable, prudent and active, he braved all tlie opposition of the French princes and nobles in the prosecution of his vengeance. He discovered and dissi- pated all their secret cabals and conspiracies. His sover- eign himself he held in subjection, while he exalted the throne. The people, while they lost their liberties, acquired, by means of his administration, learning, order, discipline, and renown. That confused and inaccurate genius of gov- ernment, of which France partook in common with other European kingdoms, he changed into a simple monarchy, at the very time when the incapacity of Buckingham encour- raged the free spirit of the Commons to establish in Eng- land a regular system of liberty. However unequal the comparison between these minis- ters, Buckingham had entertained a mighty jealousy agamst Richelieu — a jealousy not founded on rivalship of power and politics, but of love and gallantry — where the duke was as much superior to the cardinal as he was inferior in every other particular. At the time when Charles married by proxy the Prin- cess Henrietta, the Duke of Buckingham had been sent to France, in order to grace the nuptials and conduct the new queen into England. The eyes of the French court were directed by curiosity towards that man who had enjoyed the unlimited favor of two successive monarchs, and who. 144 HISTORY OF ENGLAND. from a private station, had mounted in the earliest youth to' the absolute government of three kingdoms. The beauty of his person, the gracefulness of his air, tlie splendor of his equipage, liis fine taste in dress, festivals, and carousals, cor- responded to the prepossessions entertained in his favor. The affability of his behavior, the gayety of his manners, the magnificence of his expense, increased still further the general admiration which was paid him. All business be- ing already concerted, the time was entirely spent in mirth and entertainments ; and, during those splendid scenes among that gay people, the duke found himself in a situa- tion where he was perfectly qualified to excel.^^ But his great success at Paris proved as fatal as his former failure at Madrid. Encouraged by the smiles of the court, he dared to carry his ambitious addresses to the queen herself ; and he failed not to make impression on a heart not indis- posed to the tender passions. That attachment, at least of the mind, which appears so delicious and is so dangerous, seoms to have been encouraged by the princess ; and the duke presumed so far on her good graces that, after his de- parture, he secretly returned upon some pretence, and, pay- ing a visit to the queen, was dismissed with a reproof which savored more of kindness than of anger."' Information of this correspondence was soon carried to Richelieu. The vigilance of that minister was here further roused by jealousy. He, too, either from vanity or poli- tics, liad ventured to pay liis addresses to the queen. But a priest past middle age, of a severe character and occupied in the most extensive plans of ambition or vengeance, was but an unequal match in that contest for a young courtier entirely disposed to gayety and gallantry. "The cardinal's disappointment strongly inclined him to counterwork the amorous projects of his rival. When the duke was making preparations for a new embassy to Paris, a message was sent him from Louis that he must not tliink of such a jour- ney. In a romantic passion, he swore " that he would see the queen in spite of all the power of France; " and, from that moment, he determined to engage Eno-land in a war with that kingdom."* He first took advantage of some quarrels excited by the Queen of England's attendants ; and he persuaded Charles to dismiss at once all her French servants, contrary to the Z Clarendon, vol. i. p. 38. 67 Mimoires de Mme. de Motteville. V Clarendon, toI. i. p. 38. v«v-..i.o. HISTORY OF EXGLAND. 145 articles of the marriage treaty.^'' He encouraged the Eng- lish ships-of-vvar and jirivateors to seize vessels belonging to French merchants ; and these he forthwith condemned as prizes by a sentence of the court of admiralty. But, find- ing that all these injuries produced only remonstrances and embassies, or at most reprisals, on the part of France, he resolved to second the intrigues of the Duke of Soubise, and to undertake at once a military expedition against that kingdom. Soubise, who, with his brother the Duke of Rohan, was the leader of the Huguenot faction, was at that time in Lon- don, and strongly solicited Charles to embrace the protec- tion of these distressed religionists. He represented that, after tlie inhabitants of Rochelle had been repressed by the combined squadrons of England and Holland, after peace was concluded with the French king, under Charles's media- tion, the ambitious cardinal was still meditating the destruc- tion of the Huguenots ; that preparations were silently mak- ing in every province of France for the suppression of their religion ; that forts were erected in order to bridle Rochelle, the most considerable bulwark of the Protestants; that the reformed in France cast their eyes on Charles as the head of their faith, and considered him as a prince engaged by inter- est as well as inclination to support them ; that, so long as their party subsisted, Charles might rely on their attach- ment as much as on that of his own subjects ; but if their liberties were once ravished from them, the power of France, freed from this impediment, would soon become formidable to P^ngland and to all the neighboring nations. Though Charles probably bore but small favor to the Huguenots, who so much resembled the Puritans in disci- pline and worship, in religion and politics, he yet allowed himself to be gained by these arguments, enforced by the solicitations of Buckingham. A fleet of a hundred sail and an army of seven thousand men were fitted out for the invasion of France, and both of them intrusted to the command of the duke, who was altogether unacquainted both with land and sea service. The fleet appeared before Rochelle ; but so ill concerted were Buckingham's measures that the inhabitants of that city shut their gates, and refused to admit allies of whose coming they were not previously informc-d.'" All his military operations showed equal inca^ pacity and inexperience. Instead of attacking Oleron, a fer- «3 Rushworth, vol. i. pp. 423, 424. "> Eushworth, vol. 1. p. 426. Vou IV'.— 10 146 HISTORY OF ENGLAND. tile island and defenceless, he bent his course to the isle of Rhe, which was well garnsoned and fortified. Having landed his men, though with some loss, he followed not the blow, but allowed Toiras, the French governor, five days' respite, during which St. Martin was victualled and provided for a siege.'^ He left behind him the small fort of Prie, which could at first have made no manner of resistance. Though resolved to starve St. Martin, he guarded the sea negligently, and allowed provisions and ammunition to be thrown into it : despairing to reduce it by famine, he at- tacked it without having made any breach, and rashly threw away the lives of the soldiers. Having found that a French army had stolen over in small divisions and had landed at Prie, the fort which he had first overlooked, he began to think of a retreat, but made it so unskilfully that it was equivalent to a total rout. He was the last of the army that embarked; and he returned to England, having lost two thirds of his land forces, totally discredited both as an ad- miral and a general, and bringing no praise with him. but the vulgar one of courage and personal bravery. The Duke of Rohan, who had taken arras as soon as Buckingham appeared upon the coast, discovered the dan- gerous spirit of the sect, without being able to do any mis- chief : the inhabitants of Rochelle, who had at last been in- duced to join the English, hastened the vengeance of their master, exhausted their provisions in supplying their allies, and were threatened with an immediate siege. Such were the fruits of Buckingham's expedition against France. n Whitlocke, p. 8. Sir Philip Warwick, p. 25. HISTOEY OP ENGLAND. 147 CHAPTER LI. THIED PAELIAMENT. PETITION OF EIGHT. PEOEOGATION. DEATH OP BUCKINGHAM. NEW SESSION OF PAELIAMENT. TONNAGE AND POUNDAGE. AEMINIANISM. DISSOLU- TION OP THE PARLIAMENT. Theee was reason to apprehend some disorder or insur- rection, from the discontents which prevailed among tlie people in England. [1628.] Their liberties, they believed, were ravished from them ; illegal taxes extorted ; their com- merce, which had met with a severe check from the Span- ish, was totally annihilated by the French war^ those mili- tary honors transmitted to them from their ancestors had received a grievous stain by two unsuccessful and ill-con- ducted expeditions; scarce an illustrious family but mourned, from the last of them, the loss of a son or brother; greater calamities were dreaded from the war with these powerful monarchies, concurring with the internal disorders under which the nation labored. And these ills were ascribed, not to the refractory disposition of the two former par- liaments, to which they were partly owing, but solely to Charles's obstinacy in adhering to the counsels of Bucking- ham— a man nowise entitled by his birth, age, services, or merit to that unlimited confidence reposed in him. To be sacrificed to the interest, policy, and ambition of the great is so much the common lot of the people that they may ap- pear unreasonable who would pretend to complain of it; but to be the victim of the frivolous gallantry of a favorite, and of his boyish caprices, seemed the object of peculiar in- dignation. In this situation, it may be imagined, the king and the duke dreaded, above all things, the assembling of a Parlia- ment ; but so little foresight had they possessed in their enter- prising schemes that they found themselves under an abso- lute necessity of embracing that expedient. The money levied, or rather extorted, under color of prerogative, had come in very slowly, and had left such ill-humor in the na- tion that it appeared dangerous to renew the experiment. 148 HISTOET OF ENGLAND. The absolute necessity of supply, it was hoped, would en- gage the Commons to forget all past injuries ; and, having experienced the ill effects of former obstinacy, they would probably assemble with the resolution of making some rea- sonable compliances. The more to soften them, it was con- certed, by Sir Robert Cotton's advice,^ that Buckinghinu should be the first person that proposed in council tlie call- ing of a new Parliament. Having laid in this stock of merit, he expected that all his former misdemeanors would be overlooked and forgiven ; and that, instead of a tyi'ant and oppressor, he should, be regarded as the first patriot in the nation. The views of the popular leaders were much more judi- cious and profound. When the Commons assembled, they appeared to be men of the same independent sjiirit with their predecessors, and possessed of such riches that their property was computed to surpass three times that of the House of Peers.'' They were deputed by boroughs and counties, inflamed, all of them, by the late violations of lib- erty; many of the members themselves h.ad been cast into prison, and had suffered by the measures of the court; yet, notwithstanding these circumstances, which might prompt them to embrace violent resolutions, they entered upon bus- iness with perfect temper and decorum. They djnsidered that the king, disgusted at these popular assemblies, and lit- tle prepossessed in favor of their privileges, wanted but a fair pretence for breaking with them, and would seize the first opportunity offered by any incident, or any undutiful behavior of the members. He fairly told them in his first speech that if they should not do their duties in contribut- ing to the necessities of the state, he must, in discharge of his conscience, use those other means which God had put into his hands, in order to save that which the follies of some particular men may otherwise put in danger "Take not this for a threatening," added the king, "for I scorn to threaten any but my equals ; but as an admonition from him who, by nature and duty, has most care of your preserva- tion and prosperity." = The lord keeper, by the king's direction, subjoined, " This way of parliament.ary supplies, as his majesty told you, he hath chosen, not as the only way, but as the fittest ; not because he is destitute of others, but because it is most agreeable to the goodness of his own most ■ FranMyn, p. 230. 2 Sanderson, p. 106. Walker, p. 339. 8 Eusliworlh, vol. i. p. 477. Franltljn, p. 233, HISTORY OF ENGLAND. 149 gracious disposition, and to the desire and weal of his peo- ple. If this be deferred, necessity and the sword of the ene- my make way for the others. Remember his majesty's admonition ; I say, remember it." * From these avowed maxims, the Commons foresaw that if the least handle were afforded, the king would immediately dissolve them, and would thenceforward deem himself justified for violating, in a manner still more open, all the ancient forms of the con- stitution. No remedy could then be looked for but from insurrections and civil war, of which the issue would be ex- tremely uncertain, and which must, in all events, prove calamitous to the nation. To correct the late disorders in the administration required some new laws which would, no doubt, appear harsh to a prince so enamored of his preroga- tive ; and it was requisite to temper, by the decency and moderation of their debates, the rigor which must necessa- rily attend then" determinations. Nothing can give us a higher idea of the capacity of those men who now guided the Commons, and of the great authority which they had acquired, than the forming and executing of so judicious and so difficult a plan of operations. The decency, however, which the popular leaders had prescribed to themselves and recommended to others hmdered them not from making the loudest and most vig- orous complaints against the grievances under which the nation had lately labored. Sir Francis Seymour said, " This IS the great council of the kingdom, and here with certainty, if not here only, his majesty may see, as in a true glass, the state of the kingdom. We are called hitlier by his writs, in order to give him faithful counsel, such as may stand with his honor ; and this we must do without ilattery. We are also sent hither by the people in order to deliver their just grievances ; and tiiis we must do without fear. Let us not act like Cambyses' judges, who, when their approbation was demanded, by the prince to some illegal measure, said that, tliough there was a written law, the Pei-sian kings might follow their own will and pleasure. This was base flattery, fitter for our reproof than our imitation ; and as fear, so flattery taketh away the judgment. For my part, I shall shun both, and speak my mind with as much duty as any nian to his majesty, without neglecting the public. " But how can we express our affections while we retain our fears ; or speak of giving till we know whether we have * ItuBliirortli, Tol. i. p. 479. Franklyn, p. 234. 150 HISTORY OF ENGLAND. anything to give? For if his majesty may oe persuaded to take what he will, what need we give ? " That this hath been done, appeareth by the billeting of soldiers, a thing nowise advantageous to the king's service and a burden to the commonwealth ; by the imprisonment of gentlemen for refusing the loan, who, if they had done the contrary for fear, had been as blamable as the projectors of that oppressive measure. To countenance these proceed- ings, hath it not been preached in the pulpit, or rather prated, that ' all we have is the king's by divine right?' But when preachers forsake their own calling and turn ignorant statesmen, we see how willing they are to exchange a good conscience for a bishopric. " He, I must confess, is no good subject who would not willingly and cheerfully lay down his life, when that sacri- fice may promote the interests of his sovereign and the good of the commonwealth. But he is not a good subject, lie is a slave, who will allow his goods to be taken from him against his will, and his liberty against the laws of the king- dom. By opposing these practices, we shall but tread in the steps of our forefathers, who still preferred the public before their private interest, na}', before their very lives. It will in us be a wrong done to ourselves, to our posterities, to our consciences, if we forego this claim and pretension." * " I read of a custom," said Sir Robert Philips, " among the old Romans, that, once every year, they held a solemn festival in which their slaves had liberty, without exception, to speak what they pleased, in order to ease their afflicted minds ; and, on the conclusion of the festival, the slaves severally returned to their former servitudes. " This institution may, with some distinction, well set forth our present state and condition. After the revolution of somo time, and the grievous sufferance of many violent oppressions, we have now, at last, as those slaves, obtained, for a day, some liberty of speech ; but shall not, I trust, be hereafter slaves, for we are born free. Yet what new illegal burdens our estates and persons have groaned under, my heart yearns to think of, my tongue falters to utter. " The grievances by which we are oppressed I draw under two heads — acts of power against law, and the judg- ments of lawyers against our liberty." Having mentioned three illegal judgments passed within his memory— that by which tlie Scots born after James's " Fiaiiklyn, p. 213. Kushwortb, vol. i. p. 409. HISTORY OF ENGLAND. 151 accession were admitted to all the privileges of English sub- jects, that by which the new impositions had been warranted, and the late one by which arbitrary imprisonments were authorized — he thus proceeded : " I can live, though another who has no right be put to live along with me ; nay, I can live, though burdened with impositions beyond what at present I labor under; but to have my liberty, which is the soul of my life, ravished frdm me ; to have my person pent up in a jail, without relief by law, and to be so adjudged — O improvident ancestors ! O unwise forefathers ! to be so curious in providing for the quiet possession of our lands and the liberties of Parliament ; and, at the same time, to neglect our personal liberty, and let us lie in prison, and that during pleasure, without redress or remedy ! If this be law, why do we talk of liberties ? Why trouble ourselves with disputes about a constitution, franchises, projjerty of goods, and the like ? What may any man call his own, if not the liberty of his person ? " I am weary of treading these ways, and therefore con- clude to have a select committee, in order to frame a peti- tion to his majesty for redress of these grievances. And this petition, being read, examined, and approved, may be delivered to the king, of whose gracious answer we have no cause to doubt, our desires being so reasonable, our inten- tions so loyal, and the manner so dutiful. Neither need we fear that this is the critical Parliament, as has been insin- uated ; or that this is the way to distraction ; but assure ourselves of a happy issue. Then shall the king, as he calls us his great council, find us his true council, and own us his good council." ^ The same topics were enforced by Sir Thomas Went- worth. After mentioning projectors and ill ministers of state, " These," said he, " have introduced a privy council, ravishing at once the spheres of all ancient government, destroying all liberty, imprisoning us without bail or bond. They have taken from us — what shall I say? Indeed, what have they left us ? By tearing up the roots of all property, they have taken from us every means of supplying the king, and of ingratiating ourselves by voluntary proofs of our duty and attachment towards him. " To the making whole all these breaches I shall apply myself ; and to all these diseases shall propound a remedy. « Franklyn, p. 245. Parliamentary History, vol. vii. p. 363. Eusbwortb vol. 1. p. 502, 152 I-IISTOET OF ENGLAND. By one and the same thing have the king and the people been hurt, and by the same must they be cured. We must vindicate — what? new things V No ; our ancient, legal, and vital liberties — by reinforcing the laws enacted by our ancestors ; by setting such a stamp upon them that no licentious spirit shall dare henceforth to invade them. And shall we think this a way to break a Parliament ? No ; our desires are modest and just. I speak both for the interest of king and people. If we enjoy not these rights, it will be impossible for us to relieve him. Let us never, therefore, doubt of a favorable reception from his goodness." ' These sentiments were unanimously embraced by the whole House. Even the court party pretended not to plead in defence of the late measures anything but the necessity to which the king had been reduced by tiie obstinacy of the two former parHaraents. A vote, tlierefore, was passed, without opposition, against arbitrary imprisonments and forced loans.* And the spirit of liberty having obtained some contentment by this e.xertion, the reiterated messages of the king, who pressed for supply, were attended to with more temper. Five subsidies were voted him, with which, though much inferior to his wants, he declared himself well satisfied ; and even tears of affection started in his eye when he was informed of this concession. The duke's approbation too was mentioned by Secretary Coke; but the conjunction of a subject with the sovereign was ill received by the House.' Though disgusted with the king, the jealousy which they felt for his honor was more sensible than that which his unbounded confidence in the duke would allow even himself to entertain. The supply, though voted, was not, as yet, passed into a law ; and the Commons resolved to employ tlie interval in providing some barriers to their rights ami liberties solaiely violated. They knew that their own vote, declaring the illegality of the former measui-es, had not, of itself, sufficient authority to secure the constitution against future invasion. Some act to that purpose must receive the sanction of the whole legislature; and they appointed a committee to pre- pare a model of so important a law. By collecting into one effort all the dangerous and oppressive claims of his pre- rogative, Charles had exposed them to the hazard of one as- ' Fraiililyii, p. 243. Rushworth. vol. i. p. 500. 8 Franklyu, p. 251. Bushwoi-tli, vol. i. p. 513. Whitlocke, p. 9. • KuBhwortli, vol. i. p. 62G. Whitlocko, p. 9. HISTOET OF ENGLAND. 153 sault ; and had further, by presenting a nearer view of the con- sequences attending them, roused the independent genius of the Commons. Forced loans, benevolences, taxes witliout consent of Parliament, arbitrary imprisonments, the billet- ing of soldiers, martial law — these were the grievances com- plained of, and against these an eternal remedy was to be provided. The Commons pretended not, as they affirmed, to any unusual powers or privileges; they aimed only at securing those which had been transmitted from their an- cestors ; and their law they resolved to call a petition of EIGHT ; as implying that it contained a corroboration or explanation of the ancient constitution, not any infringe- ment of royal prerogative, or acquisition of new liberties. While the committee was employed in framing the Peti- tion of Right, the favorers of each party, both in Parliament and throughout the nation, were engaged in disputes about this bill, which, in all likelihood, was to form a memorable era in the English government. That- the statutes, said the partisans of the Commons, ■which secure English liberty are not become obslete ap- pears hence, that the English have ever been free, and have ever been governed by law and a limited constitution. ■ Privileges in particular, which are founded on the geeat CHARTEB must always remain in force, because derived from a source of never-failing authority, regarded in all ages as the most sacred contract between king and people. Such attention was paid to this charter by our generous ancestors that they got the confirmation of it reiterated thirty several times ; and even secured it by a rule, which, though vul- garly received, seems in the execution impracticable. They have established it as a maxim, that even a statute which should be enacted in contradiction to any article of that cliarter cannot have force or validity. But with regard to that important article which secures personal liberty, so far from attempting, at any time, any illegal infringement of it, they have corroborated it by six statutes, and put it out of all doubt and controversy. If in practice it has often been violated, abuses can never come in the place of rules ; nor can any rights or legal powers be derived from injury and injustice. But the title of the subject to personal liberty not only is founded on ancient, and therefcn-e the most sacred laws, it is confirmed by the whole analogy of tlie govern- ment and constitution. A free monarchy in which every individual is a slave is a glaring contradiction ; and it is 154 HISTORY OF ENGLAND. requisite, where the laws assign privileges to the different orders of the state, that it likewise secure the independence of the members. If any difference could be made in this particular, it were better to abandon even life or property to the arbitrary will of the prince ; nor would such immedi- ate danger ensue, from that concession, to the laws and to the privileges of the people. To bereave of his life a man not condemned by any legal trial is so egregious an exercise of tyranny that it must at once shock the natural humanity of princes, and convey an alarm throughout the whole com- monwealth. To confiscate a man's fortune, besides its being a most atrocious act of violence, exposes the monarch so much to the imputation of avarice and rapacity that it will seldom be attempted in any civilized government. But confinement, though a less striking, is no less severe a punishment ; nor is there any spirit so erect and indepen- dent as not to be broken by the long continuance of the silent and inglorious sufferings of a jail. The power of imprison- ment, therefore, being the most natural and potent engine of arbitrary government, it is absolutely necessary to re- move it from a government which is free and legal. The partisans of the court reasoned after a different manner. The true rule of government, said they, during any period, is that to which the people, from time immemorial, have been accustomed and to which they naturally pay a prompt obedience. A practice which has ever struck their senses, and of which they have seen and heard innumerable precedents, has an authority with them much superior to that which attends maxims derived from antiquated statutes and mouldy records. In vain do the lawyers establish it as a principle that a statute can never be abrogated by opposite custom, but requires to be expressly repealed by a contrary statute ; while they pretend to inculcate an axiom peculiar to English jurisprudence, they violate the most established principles of human nature ; and even, by necessary conse- quence, reason in contradiction to law itself, which they would represent as so sacred and inviolable. A law, to have any authority, must be derived from a legislature which has right. And whence do all legislatures derive their right but from long custom and established practice? If a statute contrary to public good has at any time been rashly voted and assented to, either from the violence of faction or the inexperience of senates and princes, it cannot be more effectually abrogated than by a train of contrary precedents HISTORY OF ENGLAND. 155 which prove that, by common consent, it has tacitly been set aside as inconvenient and impracticable. Such has been the case with all those statutes enacted during turbulent times in order to limit royal prerogative and cramp the sov- ereign in his protection of the public and his execution of the laws. But above all branches of prerogative, that which is most necessary to be preserved is the power of imprison- ment. Faction and discontent, like diseases, frequently arise in every political body ; and during these disorders, it is by the salutary exercise alone of this discretionary power that rebellions and civil wars can be prevented. To circum- scribe this power is to destroy its nature, entirely to abrogate it is impracticable, and the attem})t itself must prove dan- gerous, if not pernicious, to the public. The supreme mag- istrate, in critical and turbulent times, will never, agreeably either to prudence or duty, allow the state to perish while there remains a remedy which, how irregular soever, it is still in his power to apply. And if, moved by a regard to public good, he employs any exercise of power condemned by recent and express statute, how greedily, in such danger- ous times, will factious leaders seize this pretence of throw- ing on his government the imputation of tyranny and des- potism? Were thealtei-native quite necessary, it were surely much better for human society to be deprived of liberty than to be destitute of government. Impartial reasoners will confess that this subject is not, on both sides, without its difficulties. Where a general and rigid law is enacted against arbitrary imprisonment, it would appear that government cannot, in times of sedition and faction, be conducted but by temporary suspensions of the law ; and such an expedient was never thought of during the age of Charles. The meetings of Parliament were too precari- ous, and their determinations might be too dilatory, to serve in cases of urgent necessity. Nor was it then conceived that the king did not possess of himself sufficient power for the security and jirotection of his people, or that the authority of these popular assemblies was ever to become so absolute that the prince must alwaysconform himself to it, and could never have any occasion to guard against their practices as well as against those of his other subjects. Though the House of Lords was not insensible to the reasons urged in favor of the pretensions of the Commons, they deemed the arguments pleaded in favor of the crown still more cogent and convincing. That assembly seems, 156 HISTORY OF ENGLAND. daring this whole period, to have acted, in the main, a rea- sonable and a moderate part; and if their bias inclined a little too much, as is natural, to the side of monarchy, they were far from entertaining any design of sacrificing to arbi- trary will the liberties and privileges of the nation. Ashley, the king's sergeant, having asserted, in a pleading before the Peers, that the king must sometimes govern by acts of state as well as by law, this position gave such offence that he was immediately committed to prison, and was not released but upon his recantation and sulnuission.^" Being, however, afraid lest the Commons should go too far in their projected petition, the Peers proposed a plan of one more moderate, which they recommentrled to the consideration of the other House. It consisted merely in a general declaration that the great charter, and the six statutes conceived to be ex- planations of it, stand still in force, to all intents and pur- poses ; that, in consequence of the charter and tlie statutes, and by the tenor of the ancient customs and laws of the realm, every subject has a fundamental property in his goods and a fundamental liberty of his person ; that this property and liberty are as entire at present as during any former period of the English government ; that in all common cases the common law ought to be the standard of proceedings ; " and in case that, for the security of liis maj- esty's person, the general safety of his people, or the peace- able government of tlie kingdom, the king shall find just cause, for reasons of state, to imprison or restrain any man's person, he was petitioned graciously to declare that, witiiin a convenient time, he shall and will ex]iress the cause of the commitment or restraint, either general or special, and, upon a cause so expressed, will leave the prisoner immediately to be tried according to the common law of the land." " Archbishop Abbot was employed by the Lords to recom- mend, in a conference, this plan of a petition to the House of Commons._ Tlie prelate, as was, no doubt, foreseen from his known princijiles, was not extremely urgent in his appli- cations ; and the Lower House was fully convinced that the general declarations signified nothing,'but that the latter clause left their liberties rather in a worse condition than before. They proceeded, therefore, with great zeal in fram- ing the model of a petition which should contain expressions more precise and more favorable to public freedom. The king could easily see the consequence of these pro- « Whitlocke, p. 10. " State Trials, vol. vli. p. 187. Eu8liwoith, vol. i. p. 516. HISTOEY OP ENGLAND. 157 ceedings. Though he had offerorl at the beginning of the session to give his consent to any law for the security of the rights and liberties of the yieople, lie had not expected that such inroads would be made on his prerogative. In order, therefore, to divert the Commons from their intention, he sent a message, wherein he acknowledged past eriors and promised that hereafter there should be no just cause of comjilaint; and he added " that the affairs of the kingdom press him so that he could not continue the session ahoxe a week or two longer; and if the House be not ready by that time to do what is fit for themselves, it shall be their own fault." '^ Oil a subsequent occasion he asked tiiem, " Why demand ex]ilanations, if you doubt not the performance of the statutes according to their true meaning? Explanations will hazard an encroachment upon the prerogative ; audit may well be said, What need a new law to confirm an old, if you repose confidence in the declarations which his maj- esty made to both Houses ? " " The truth is, the great charter and the old statutes were sufficiently clear in favor of personal liberty; but as all kings of England liad ever, in cases of necessity or expediency, been accustomed at inter- vals to elude them, and as Charles, in a coni]ilication of instances, had lately violated tliem, the C- mmons judged it requisite to enact a new law, wliich miglit not be eluded or violated by any. interpretation, construction, or contrary precedent. Nor was it sufficient, they thouglit, that tlie king promised to return into the way of liis predecessors. His predecessors in all times had enjoyed too much discre- tionary power; and by his recent abuse of it, the whole world had reason to see the necessity of entirely retrenching it. The king still persevered in his endeavors to elude the pe- tition. He sent a letter to the House of Lords, in wliich he went so far as to make a particular declaration "that neitlier he nor his privy council shall or will, at any time hereafter, commit or command to prison, or otherwise restrain, any man for not lending money, or for any other cause wliich in his conscience he thought not to concern the public good and the safety of king and peo]ile." And he further declared "that he never would be guilty of so base an action as to pretend any cause of whose truth he was not fully satisfied." " 12 state Trial^s, vol. vii. p. 193. 13 State Trials, vol. vii. p. 106. Rushworth, vol. i. p. 5."6. " State Ti'ials, vol. vii. p. 198. BuBliwurtli, vol. i. p. 560. Parliamentary His- tory, vol. viii. p. 111. 158 HISTORY OP ENGLAND. But this promise, though enforced to the Commons by the recommendation of the Upper House, made no more im- pression than all the former messages. Among the other evasions of the king, we may reckon the proposal of the House of Peers to subjoin to the intended Petition of Right the following clause : " We humbly pre- sent this petition to your majesty, not only with a care of preserving our own liberties, but with due regard to leave entire that sovereign power with which your majesty is in- trusted for the protection, safety, and happiness of your people." " Less penetration than was possessed by the leaders of the House of Commons could easily discover how captious this clause was, and how much it was calculated to elude the whole force of the petition. These obstacles, therefore, being surmounted, the Peti- tion of Right passed the Commons and was sent to the Upper House." The Peers, who were probably well pleased in secret that all their solicitations had been eluded by the Commons, quickly passed the petition without any material alteration, and nothing but the royal assent was wanting to give it the force of a law. The king accordingly came to the House of Peers, sent for the Commons, and, being seated in his chair of state, the petition was read to him. Great was now the astonishment of all men, when, instead of the usual concise and clear form by which a bill is either con- firmed or rejected, Charles said, in answer to the petition, " The king willeth that right be done according to the laws and customs of the realm, and that the statutes be put into execution that his subjects may have no cause to complain of any wrong or oppression contrary to their just rights and liberties, to the preservation whereof he holds himself in conscience as much obliged as of his own prerogative." " It is surprising that Charles, who had seen so many in- stances of the jealousy of the Commons, who had himself so much roused that jealousy by his frequent evasive messages during this session, could imagine that they would rest sat- isfied with an answer so vague and undeterminate. It was evident that the unusual form alone of the answer must ex- cite their attention ; that the disappointment must inflame their anger ; and that therefore it was necessary, as the petition seemed to bear hard on royal prerogative, to come 16 state Trials, vol. vii. p. 199. Eushworth, vol. i. p. B61. Parliamentary His- tory, vol. viii. p. 116. Whitloclse, p. 10. ^^ See note [N] at the end of the volume. " State Trials, vol. vii. p. 212. fiushworth, vol. i. p. 590. HISTORY OF ENGLAND. 159 early to some fixed resolution — either gracefully to comply with it or courageously to reject it. It hap])ened as might have been foreseen. The Commons returned in very ill humor. Usually, when in that disposi- tion, their zeal for religion and their enmity against the unfortunate Catholics ran extremely high. But they had already, in the beginning of the session, presented their petition of religion, and had received a satisfactory answer, though they expected that the execution of the laws against Papists would for the future be no more exact and rigid than they had hitherto found it. To give vent to their present indignation, they fell with their utmost force on Dr. Man- waring. There is nothing which tends more to excuse — if not justify — the extreme rigor of the Commons towards Charles than his open encouragement and avowal of such general principles as were altogether incompatible with a limited government. Manwaring had preached a sermon which the Commons found, upon inquiry, to be printed by special com- mand of the king;^' and when this sermon was looked into, it contained doctrines subversive of all civil liberty. It taught that though property was commonly lodged in the subject, yet whenever any exigency required supply, all property was transferred to the sovereign ; that the consent of Parliament was not necessary for the imposition of taxes ; and that the divine laws required compliance with every demand, how irregular soever, which the prince should make upon his subjects." For these doctrines the Commons im- peached Manwaring. The sentence pronounced upon him. by the Peers was that he should be imprisoned during the pleasure of the House, be fined a thousand pounds to the king, make submission and acknowledgment of his offence, be suspended during three years, be incapable of holding any ecclesiastical dignity or secular office, and that his book be called in and burned.'" It may be worthy of notice that no sooner was the session ended than this man, so justly obnoxious to both Houses, received a pardon and was promoted to a living of consider- able value.^^ Some years after, he was raised to the see of St. Asaph. If the republican spirit of the Commons in- 18 Parliamentary History, vol. viii. p. 206. •» Rushworth, vol. i. pp. 585, 694. Parliamentary History, vol. viii. pp. 168, 169, 170, etc. Welwood, p. 44. "> RuBhworth, vol. i. p. 65. Parliamentary History, vol. viii. p. 212, 21 Rushwortli, vol. i. p. 635. Whitlocke, p. 11. 160 HISTOEY OF ENGLAND. ci-eni=ed, beyond all reasonable bounds, the monarchiial si)irit of the court, this latter, carried to so high a jiitch, tended still further to augment the former; and tlius extremes were everywhere affected, and the just medium was gradually deserted by all men. From Manwaring the House of Commons proceeded to censure the conduct of Buckingham, whose name hitherto they had cautiously forborne to mention.-'^ In vain did the king send them a message in which he told them that tiie session was drawing near to a conclusion, and desired that they would not enter u])on new business, nor cast any asper- sions on his government and ministry.^ Though the court endeavored to explain and soften tliis message by a subse- quent message^* (as Ciiarles was apt hastily to correct any hasty step wiiich he had taken), it served rather to inflame than appease the Commons, as if the method of tlieir pro- ceeding's had here been ])rescril)ed to tliem. It was foreseen that a great tempest was ready to burst on the duke, and in order to divert it the king thought proper, u])on a joint ajjplication of the Lords and Commons,^^ to endeavor givmg tliem satisfaction with regard to the Petition of Right. He came, therefore, to the House of Peers, and, pronouncing the usual form of words, "Let it be law as is desired," gave full sanction and authority to the petition. The acclama- tions with which tlie House resounded, and tlie universal joy diffused over the nation, showed how much this petition had been the object of all men's vows and expectations.^'^ It may be affirmed without any exaggeration that the king's assent to the Petition of Right produced such a change iu the government as was almost equivalent to a revolution; and by circumscribing in so many articles the royal prerogative, gave additional security to the liberties of the subject. Yet were the Commons far from being satisfied with this important concession. Their ill-humor had been so much irritated by the king's frequent evasions and delays that it could not be presently a])peased by an assent which he allowed to be so reluctantly extorted from him. Perhaps, too, the popular leaders, implacable and artful, saw tlie opportunity favorable, and, turning against the king those very weapons with which he had "furnished them, resolved to pursue the victory. The bill, however, for five subsidies, " Rushworth, vol. i. p. 607. a Eushworth, vol. i. p. 606. -* Ruslnvortli, vol. i. p. 610. Parliamentary History, vol. viii. p. 197 -" EuGhworth, vol. i. p. 613. Journal, June 7,1628. Parliameiitarv History, vol. viii. p. 201. 20 Kushworth, vol. i. p. 613 HISTQEY OF ENGLAND. 161 •which had been formerly voted, immediately passed the Houso, because the gi'anting of that supply was, in a manner, tacitly contracted for upon the royal assent to the petition ; and had faith been here violated, no further confidence could have subsisted between king and Parliament. Having made this concession, the Commons continued to carry their scrutiny into every part of government. In some particulars their industry was laudable, in some it may be liable to censure. A little after writs were issued for summoning this Par- liament, a commission had been granted to Sir Thomas Coventry, lord keeper ; the Earl of Marlborough, treasurer ; the Earl of Manchester, president of the council ; the Earl of Worcester, privy seal ; the Duke of Buckingham, high admiral ; and all the considerable officers of the crown — in the whole thirty-three. By this commission, which froip. the number of persons named in it could be no secret, the com- missioners were empowered to meet and to concert among themselves the methods of levying money by impositions or otherwise — " where form and circumstance," as expressed in the commission, "must be dispensed with, rather than the substance be lost or hazarded." ^ In other words, this was a scheme for finding expedients which might raise the pre- rogative to the greatest height, and render parliaments entirely useless. The Commons applied for cancelling the commission,^' and were, no doubt, desirous that all the world should conclude the king's principles to be extremely arbi- trary, and should obsei-ve what little regard he was disposed to pay to the liberties and privileges of his people. A commission had likewise been granted, and some money remitted, in order to raise a thousand German horse, and transport them into England. These were supposed to be levied in order to support the pirojected impositions or excises, though the number seems insufiicient for such a purpose.^' The House took notice of this design in severe terms, and no measure, surely, could be projected more generally odious to the whole nation. It must, however, be confessed that the king was so far right that he had now, at last, fallen on the only effectual method for supporting his prerogative. But, at the same time, he should have been sensible that, till provided with a sufficient military force, all his attempts in opposition to the rising spirit of 27 Kushwortli, Tol. i. p. G14. Parliamentary History, vol. viii. p. 214. 2* Journal, June 13. 1U28. '" Eushworth, vol. i. p. 612 Vol. IV.— 11 162 HISTOET OF ENGLAND. the nation must in the end prove wholly fruitless ; and that the higher he screwed up the springs of government, while he had so little real power to retain them in that forced situ- ation, with more fatal violence must they fly out when any accident occurred to restore them to their natural action. The Commons next resumed their censure of Bucking- ham's conduct and behavior, against whom they were im- placable. They agreed to present a remonstrance to the king, in whicli they recapitulated all national grievances and misfortunes, and omitted no circumstance which could render the whole administration despicable and odious. The compositions with Catholics, they said, amounted to no less than a toleration, hateful to God, full of dishonor and dis- profit to his majesty, and of extreme scandal and grief to his good people ; they took notice of the violations of liberty above mentioned, against whie:h the Petition of Right seems to have provided a sufficient remedy ; they mentioned the decay of trade, the unsuccessful expeditions to Cadiz and the isle of Rhe, the encouragement given to Arminians, the commission for transporting German horse, that for levying illegal impositions; and all these grievances they ascribed solely to the ill conduct of the Duke of Buckingham.'" This remonstrance was, perhaps, not the less provoking to Charles because, joined to the extreme acrimony of the subject, there were preserved in it, as in most of the remonstrances of that age, an affected civility and submission in the lan- guage. And as it was the first i-eturn which he met with for his late beneficial concessions, and for his sacrifices of pre- rogative— the greatest by far ever made by an English sovereign — nothing could be more the object of just and natural indignation. It was not without good grounds that the Commons were so fierce and assuming. Though they had already granted the king the supply of five subsidies, they still retained a pledge in their hands which, they thought, insured them success in all their applications. Tonnage and poundage had not yet been granted by Parliament, and the Commons had artfully, this session, concealed their intention of invad- ing that branch of the revenue till the royal ascent had been obtained to the Petition of Right, which they justly deemed of such importance. They then openly asserted that the levying of tonnage and poundage without consent of Parliar ment was a palpable violation of the ancient liberties of the ™ KuBliwortli, vol. i. p. 619. Parliamentary History, vol. viii. pp. 219, 220, etc. HISTORY OP ENGLAND. 163 people, and an infringement of the Petition of Right so lately granted.'^ The king, in order to prevent the finishing and presenting of this remonstrance, came suddenly to the Parliament, and ended this session by a prorogation.^^ Being freed for some time from the embarrassment of this assembly, Charles began to look towards foreign wars, where all his efforts were equally unsuccessful as in his domestic government. The Earl of Denbigh, brother-in-law to Buckingham, was despatched to the relief of Rochelle, now closely besieged by land and threatened with a block- ade by sea; but he returned without effecting anything; and, having declined to attack the enemy's fleet, he brought on the English arms the imputation either of cowardice or ill conduct. In order to repair this dishonor, the duke went to Portsmouth, where he had prepared a considerable fleet and army, on which all the subsidies given by Parliament had been expended. This supply had very much disap- pointed the king's expectations. The same mutinous spirit which prevailed in the House of Commons had diffused itself over the nation, and the commissioners appointed for making the assessments had connived at all frauds which might diminish the supply and reduce the crown to still greater necessities. This national discontent, communicated to a desperate enthusiast, soon broke out in an event which may be considered as remarkable. There was one Felton, of a good family, but of an ardent and melancholic temper, who had served under the duke in the station of lieutenant. His captain being killed in the retreat of the isle of Rhe, Felton had applied for the com- pany, and, when disappointed, he threw up his commission and retired in discontent from the army. While private resentment was boiling in his sullen, unsociable mind, he heard the nation resound with complaints against the duke ; and he met with the remonstrance of the Commons, in which his enemy was represented as the cause of every national grievance, and as the great enemy of tho public. Religious fanaticism further inflamed these vindictive re- flections, and he fancied that he should do Heaven accept- able service if at one blow he despatched this dangerous foe to religion and to his country.^' Full of these dark views, he secretly arri^'ed at Portsmouth at the same time with the duke, and watched for an opportunity of effecting his bloody purpose. SI Rushworth, Tol. i. p. 028. Journal, June 18, 29, 1628. »2 Journal, June 26, 1628. » May's History of the Parliament, p. 10. 164 HISTOET OF ENGLAND. Buckingham had been engnGjed in conversation with Soubise and other French gentlemen, and a difference of sentiment having arisen, the dispute, though conducted with temper and decency, had produced some of those vehement gesticulations and lively exertions of voice in which that nation, more than the English, are apt to indulge themselves. The conversation being finished, the duke drew towards tlie door ; and in that passage, turning himself to speak to Sir Thomas Fryar, a colonel in the army, he was on the sudden, over Sir Thomas's shoulder, struck upon the breast with a knife. Without uttering other words than, "The villain has killed me," in the same moment pulling out the knife, he breathed his last. No man had seen the blow, nor the person who gave it ; but in the confusion every one made his own conjecture ; and all agreed that the murder had been committed by the French gentlemen, whose angry tone of voice had been heard, while their words had not been understood by the bystanders. In the hurry of revenge they had instantly been put to death, had they not been saved by some of more temper and judgment, who, though they had the same opinion of their guilt, thought proper to reserve them for a judicial trial and examination. Near the door there was found a hat, in the inside of which was sewed a paper containing four or five lines of that re- monstrance of the Commons which declared Buckingham an enemy to the kingdom ; and under these lines was a short ejaculation, or attempt towards a prayer. It was easily concluded that this hat belonged to the assassin ; but the difficulty still remained, who that person should be. For the writing discovered not the name ; and whoever he was, it was natural to believe that he had already fled far enough not to be found without a hat. In this hurry, a man without a hat was seen walking very composedly before the door. One crying out, " Here is the fellow who killed the duke," evei-ybody ran to ask, " Which is he?" The man very sedately answered, "I am he." The more furious immediately rushed upon him with drawn swords; others, more deliberate, defended and protected him : he himself, with open arms, calmly and cheerfully exposed his breast to the swords of the most enraged, beinf willing to fall a sudden sacrifice to their anger rather than be reserved for that public justice which, he knew, must be executed upon him. HISTORY OF ENGLAND. 165 He was now known to be that Felton who had served in the army. Being carried into a private room, it was thought proper so far to dissemble as to tell him that Buckingham was only grievously wounded, but not without hopes of recovery. Felton smiled, and told them that the duke, he knew full well, had received a blow which had terminated all their hopes. When asked at whose instigation he had performed the horrid deed, he rej^lied that they needed not to trouble themselves in that inquiry ; that no man living had credit pnough with him to ha\e disposed him to such an action ; that he had not even intrusted his purpose to any one ; that the resolution proceeded only from himself, and the impulse of his own conscience ; and that his motives would appear if his hat were found, for that, believing he should perish in the attempt, he had there taken care to explain them.''* When the king was informed of this assassination, he re- ceived the news in public with an unmoved and undisturbed countenance ; and the courtiers, who studied his looks, con- cluded that secretly he was not disjileased to be rid of a minister so generally odious to the nation.^ But Charles's command of himself jDroceeded entirely from the gravity and composure of his temper. He was still, as much as ever, attached to his favorite ; and during his whole life he retained an affection for Buckingham's friends and a preju- dice against his enemies. He urged, too, that Felton should be put to the question, in order to extort from him a dis- covery of his accomplices; but the judges declared that, though thnt practice had formerly been very usual, it was altogether illegal : so much more exact reasoners, with re- gard to law, had they become, from the jealous scruples of the House of Commons. Meanwhile the distress of Roehelle had risen to the utmost extremity. That vast genius of Richelieu, which made him form the greatest enterprises, led him to attempt their execution by means equally great and extraordinary. In order to deprive Roehelle of all succor, he had dared to project the throwing across the harbor a mole of a mile's extent in that boisterous ocean ; and having executed his project, he now held the town closely blockaded on all sides. The inhabitants, though pressed with the greatest rigors of famine, still refused to submit, being supported partly by the lectures of their zealous j)reachers, partly by the daily M Clarendon, vol. i. pp. 27, 28. '^ Warwick, p. 34. 166 HISTOBY OF ENGLAND. hopes of relief from England. After Buckingham's death, the command of the fleet and army was conferred on the Earl of Lindese)-, who, arriving before Rochelle, made some attempts to break through the'rnole and force his way into the harbor; but, by the delays of the English, that work was now fully finished and fortified; and the Rochellers, finding their last hopes to fail them, were reduced to sur- render at discretion, even in sight of the English admiral. Of fifteen thousand persons shut up in the city, four thou- sand alone survived the fatigues and famine which they had undergone.^^ This was the first necessary step towards the prosperity of France. Foreign enemies, as well as domestic factions, being deprived of this resource, that kingdom began now to shine forth in its full splendor. By a steady prosecution of wise plans, both of war and policy, it gradually gained an ascendant over the rival power of Spain ; and every order of the state, and every sect, was reduced to pay sub- mission to the lawful authority of the sovereign. The vic- tory, however, over the Pluguenots was at first pushed by the French king with great moderation. A toleration was still continued to them — the only avowed and open toler- ation which at that time was granted in any European kingdom. [1629.] The failure of an enterprise in which the Eng- lish nation, from religious sympathy, so much interested themselves, could not but diminish the king's authority dn the Parliament during the approaching session ; but the Commons, when assembled, found many other causes of complaint. Buckingham's conduct and character with some had afforded a reason, with others a pretence, for dis- content against public measures ; but after his death there wanted not new reasons and new pretences for general dis- satisfaction. Manwaring's pardon and promotion were taken notice of ; Sibthorpe and Cosins, two clergymen who. for like reasons, were no less obnoxious to the CommoiiS, had met with like favor from the king; Montague, who had been censured for moderation towards the Catholics, the greatest of crimes, had been created Bishop of Chichester. They found, likewise, upon inquiry, that all the copies of the Petition of Right, which were dispersed, had by the king's orders annexed to them the first answer, which had s« Eusllworth, vol. i. p. 636. HISTOEY OF ENGLAND. 167 given so little satisfaction to the Commons ^ — an expedient by which Charles endeavored to persuade the people that he had nowise receded from his former claims and preten- sions, particularly with regard to the levying of tonnage and poundage. Selden also complained in the House that one Savage, contrary to the Petition of Right, had been punished with the loss of his ears by a discretionary or arbi- trary sentence of the Star-chamber.^' So apt were they, on their part, to stretch the petition into such consequences as might deprive the crown of powers which, from immemorial custom, were supposed inherent in it. But the great article on which the House of Commons bi'oke with the king, and which finally created in Charles a disgust to all parliaments, was their claim with regard to tonnage and poundage. On this occasion, therefore, it is necessary to give an account of the controversy. The duty of tonnage and poundage, in more ancient times, had been commonly a temporary grant of parlia^ ment ; but it had been conferred on Henry V., and all the succeeding princes, during life, in order to enable them to mnintain a naval force for the defence of the kingdom. The necessity of levying this duty had been so apparent that each king had ever claimed it from the moment of his ac- cession ; and the first Parliament of each reign had usually, by vote, conferred on the prince what they found him al- ready in possession of. Agreeably to the inaccurate genius of the old constitution, this abuse, however considerable, had never been perceived nor remedied, though nothing could have been easier than for the Parliament to have pre- vented it.^ By granting this duty to each prince during his own life, and, for a year after his demise, to the suc- cessor, all inconveniences had been obviated ; and yet the duty had never for a moment been levied without proper authority. But contrivances of that nature were not thought of during those rude ages; and as so complicated and jer.l- ous a government as the English cannot subsist without many such refinements, it is easy to see how favorable every inaccuracy must formerly have proved to royal au- thority, which on all emergencies was obliged to supply, by discretionary power, the great deficiency of the laws. The Parliament did not grant the duty of t image and s' state Trials, vol. vii. p. 216. Eushwortli, vol. i. p. 643. " Slat* Trials, vgl. vii. p. 21(i. Farliameutary History, vol. viii. p. 246. 89 Parliamentary History, vol. viii. pp. 33a, 340. 168 HISTORY OF ENGLAND. poundage to Henry VIII. till the sixth of his reign. Yet this prince, who had not then raised his power to its great- est height, continued during that whole time to levy the imposition. The Parliament, in their very grant, blame the merchants who had neglected to make payment to the crown ; and though one expression of that bill may seem ambiguous, they employ the plainest terms in calling ton- nage and poundage the king's due, even before that duty was conferred on him by parliamentary authority.^" Four reigns, and above a whole century, had since elapsed ; and this revenue had still been levied before it was voted by Parliament. So long had the inaccuracy continued without being remarked or corrected. During that short interval which passed between Charles's accession and his first Parliament, he had followed the example of his predecessors ; and no fault was found with his conduct in this particular. But what was most remarkable in the proceedings, of that House of Commons, and what proved beyond controversy that they had seri- ously formed a plan for reducing their prince to subjection, was, that instead of granting this supply during the king's lifetime, as it had been enjoyed by all his immediate pre- decessors, they voted it only for a year ; and, after that should be elapsed, reserved to themselves the power of re- newing or refusing the same concession.*^ But the House of Peers, who saw that this duty was now become more necessary than ever to supply the growing necessities of the crown, and who did not appove of this encroaching spirit in the Commons, rejected the bill ; and the dissolution of that Parliament followed so soon after that no attempt seems to have been made for obtaining tonnage and pound- age in any other form." Charles, meanwhile, continued still to levy this duty by his own authority, and the nation was so accustomed to that exertion of royal power that no scruple was at first en- tertained of submitting to it. But the succeeding Parlia- ment excited doubts in every one. The Commons took there some steps towards declaring it illegal to levy tonnage and poundage without consent of Parliament; and tliey openly showed their intention of employing this engine, in order to extort from the crown concessions of the most im- portant nature. But Charles was not yet sufliciently tamed " 6 Heiirv VIII. cap. 14. « Journal, July 5tli, 16l'5. « See note [O] at the end of the volume. HISTORY OF ENGLAND. 169 to compliswice ; and the abrupt dissolution of that Pailia- ment, as above related, put an end, for the time, to their further pretensions. The following interval between the second and third Parliament was distinguished by so many exertions of pre- rogative 'hat men had little leisure to attend to the affair of tonnage and poundage, where the abuse of power in the crown might seem to be of a more disputable nature. But after the Commons, during the precedent session, had rem- edied all these grievances by means of their Petition of Right, which they deemed so necessary, they afterwards proceeded to take the matter into consideration ; and they showed the same intention as formerly of exacting, in re- turn for the grant of this revenue, very large compliances on the part of the crown. Their sudden prorogation pre- vented them from bringing their pretensions to a full con- clusion. When Charles opened this session, he had foreseen that the same controversy would arise ; and he therefore took care, very early, among many mild and reconciling expres- sions, to inform the Commons " that he had not taken these duties as appertaining to his hereditary prerogative, but that it ever was, and still is, his meaning to enjoy them as the gift of his people ; and that if he had hitherto levied tonnage and poundage, he pretended to justify himself only by the necessity of 'SO doing, not by any right which he assumed." ^^ This concession, which probably arose from the king's mod- erate temper, now freed from the impulse of Buckingham's violent counsels, might have satisfied the Commons had they entertained no other view than that of ascertaining their own powers and privileges. But they carried their pi-eten- sious much higher. They insisted, as a necessary prelimi- nary, that the king should at once entirely desist from levy- ing these duties ; after which they were to take it into con- sideration how far they would restore him to the possession of a revenue of which he had clearly divested himself. But, besides that this extreme rigor had never been exercised to- wards any of his predecessors, and many obvious inconven- iences must follow from the intermission of the customs, there wei-e other reasons which deterred Charles from com- plying with so hard a condition. It was probable that the Commons might renew their former project of making this revenue only temporary, and thereby reducing their prince " Kusliwortli, vol. 1. p. 614. Parliamentary HiBtory. vol. viii pp. 2BG, 346. 170 HISTOET OF ENGLAND. to perpetual dependence ; they certainly would cut off the new impositions which Mary and Elizabeth, but especially James, had levied, and which formed no despicable part of the public revenue ; and they openly declared that they had at present many important pretensions chiefly with regard to religion ; and if compliance were refuse^l, no supply must be expected from the Commons. It is easy to see in what an inextricable labyrinth Charles was now involved. By his own concessions, by the general principles of the English government, and by the form of every bill which had granted this duty, tonnage and pound- age was derived entirely from the free gift of the people ; and, consequently, might be withdrawn at their pleasure. If unreasonable in their refusal, they still refused nothing but what was their own. If public necessity required this sup- ply, it might be thought also to require the king's compli- ance with those conditions which were the price of obtain- ing it. Though the motive for granting it had been the enabling of the king to guard the seas, it did not follow that because he guarded the seas he was therefore entitled to this revenue without further formality, since the people had still reserved to themselves the right of judging how far that service merited sucli a supj^ly. But Charles, notwith- standing his public declaration, was far from assenting to this conclusion in its full extent. The plain consequence, he saw, of all these rigors and refinements and inferences was, that he, without any public necessity, and without any fault of his own, must, of a sudden, even from his accession, become a magistrate of a very different nature from any of his predecessors, and must fall into a total dependence on subjects over whom former kings, especially those imme- diately preceding, had exercised an authority almost unlim- ited. Entangled in a chain of consequences which he could not easily break, he was inclined to go higher, and rather deny the first principle than admit of conclusions which to him appeared so absurd and unreasonable. Agreeably to , the ideas hitherto entertained both by natives and foreign- ers, the monarch he esteemed the essence and soul of the English government ; and whatever other power pretended to annihilate, or even abridge, the royal authority, must necessarily, he thought, either in its nature or exercise, be deemed no better than a usurpation. Willing to preserve the ancient harmony of the constitution, he°had ever in- tended to comply, as far as he easily could, with the ancient HISTORY OF ENGLAND. 171 forms of administration. But when these forms appeared to him, by tlie inveterate obstinacy of the Commons, to have no other tendency tlian to disturb that harmony and to in- troduce a new constitution, he concluded that, in this vio- lent situation, what was subordinate must necessarily yield to what was principal, and the privileges of the people for a time give place to roj'^al prerogative. From the rank of a monarch, to be degraded into a slave of his insolent, ungrate- ful subjects seemed of all indignities the greatest; and noth- ing, in his judgment, could exceed the humiliation attending such a state but the meanness of tamely submitting to it ■without making some efforts to preserve the authority trans- mitted to him by his predecessors. Though these were the king's reflections and resolution's before the Parliament assembled, he did not immediately break with them upon their delay in voting him this supply. He thought that he could better justify any strong measure ■which he might afterwards be obliged to take if he allowed them to carry to the utmost extremities their attacks upon his government and prerogative.** He contented himself, for the present, with soliciting the Ilouse by messages and speeches. But the Commons, instead of hearkening to his solicitations, proceeded to carry their scrutiny into his man- agement of religion,*^ which was the only grievance to which, in their opinion, they had not as yet, by their Petition of Right, applied a sufficient remedy. It was not possible that this century, so fertile in relig- ious sects and disputes, could escape the controversy con- cerning fatalism and free-will, which, being strongly inter- woven both with philosophy and theology, had, in all ages, thrown every school and every church into such inextrica- ble doubt and perplexity. The first reformers in England, as in other European countries, had embraced the most rigid tenets of predestination and absolute decrees, and had composed upon that system all the articles of their religious creed. But these principles having met with opposition from Arminius and his sectaries, the controversy was soon brought into this island, and began hei-e to diffuse itself. The Arminians finding more encouragement from tlie superstitious spirit of the Church than from the fanaticism of the Puri- tans, gradually incorporated themselves with the former; and some of that sect, by the indulgence of James and « Uushworth, vol. i. p. 640. « Kusliwortli, vol. i. p. 651. 'Wliitloeke, p. 12. 172 HISTOET OF ENGLAND. Charles, had attained the highest preferments in the hier- archy. But their success with the public had not been alto- gether answerable to that which they met with in the Church and the court. Throughout the nation they still lay under the reproach of innovation and heresy. The Commons now levelled against them their formidable censures, and rnade them the objects of daily invective and declamation. Their protectors were stigmatized ; their tenets canvassed ; their views represented as dangerous and pernicious. To impar- tial spectators surely, if any such had been at that time in England, it must have given great entertainment to see a popular assembly, inflamed with faction and enthusiasm, pretend to discuss questions to which the greatest philoso- ~ phers in the tranquillity of retreat had never hitherto been able to find any satisfactory solution. Amid that complication of disputes in which men were then involved, we may observe that the appellation Puritan stood for three parties, which, though commonly united, were yet actuated by very different views and motives. There were the political Puritans, who maintained the high- est principles of civil liberty ; the Puritans in discipline, who were averse to the ceremonies and episcopal government of the Church ; and the doctrinal Puritans, who rigidly de- fended the speculative system of the first reformers. In opposition to all these stood the court party, the hierarchy, and the Arminians ; only with this distinction, that the lat- ter sect, being introduced a few years before, did not as yet comprehend all those who were favorable to the Church and to monarchy. But, as the controversies on every subject grew daily warmer, men united themselves more intimately with their friends, and separated themselves wider from their antagonists; and the distinction gradually became quite uniform and regular. This House of Commons, which, like all the preceding during the reigns of James and Charles, and even of Eliza- beth, was much governed by the puritanical party, thought ■that they could not better serve their cause than by brand- ing and punishing the Arminian sect, which, introducing an innovation in the Church, were the least favored and least powerful of all their antagonists. From this measure it was easily foreseen that, besides gratifying the animosity of the doctrinal Puritans, both the Puritans in discipline and those in politics would reap considerable advantages. Laud, Neile, Montague, and other bishops, who were tlie chief sup^ HISTOET OF ENGLAND . 173 porters of episcopal government and the most zealous parti- sans of the discipline and ceremonies of the Church, were all supposed to be tainted with Armmianism. The same men and their disciples were the strenuous preachers of passive obedience and of entire submission to princes; and if these could once be censured, and be expelled the Church and court, it was concluded that the hierarchy would receive a mortal blow, the ceremonies be less rigidly insisted on, and the king, deprived of his most faithful friends, be obliged to abate those high claims of prerogative on which at present he insisted. But Charles, besides a view of the political consequences which must result from a compliance with such pretensions, was strongly determined, from principles of piety and con- science, to oppose them. Neither the dissipation incident to youth, nor the pleasures attending a high fortune, had been able to prevent this virtuous prince from embracing the most sincere sentiments of religion ; and that character which, in that religious age, should have been of infinite advantage to hini, proved in the end the chief cause of his ruin ; merely because the religion adopted by him was not of that precise mode and sect which began to jsrevail among his subjects. His piety, though remote from popery, had a tincture of su- perstition in it ; and, being averse to the gloomy spirit of the Puritans, was represented by them as tending towards the abominations of Antichrist. Laud also had unfortunately ac- quired a great ascendant over him ; and as all those prelates, obnoxious to the Commons, were regarded as his chief friends and most favorite courtiers, he was resolved not to disarm and dishonor himself by abandoning them to the resentment of his enemies. Being totally unprovided wiih military force, and finding a refractory independent spirit to prevail among the people, the most solid basis of his authority, he thought, consisted in the support which he received from the hierarchy. In the debates of the Commons which are transmitted to us. It is easy to discern so early some sparks of that enthusi- astic fire which afterwards set the whole nation in combus- lion. One Rouse made use of an allusion which, though familiar, seems to have been borrowed from the writings of Lord Bacon." " If a man meet a dog alone," said he, " the dog is fearful, though ever so fierce by nature ; but if the dog have his master with him, he will set upon that man « Essay of Atheism. 174 HISTORY OF ENGLAND. from whom he fled before. This shows that lower natures, being backed by higher, increase in courage and strength ; and certainly man, being backed with Omnipotency, is a kind of omnipotent creature. All things are possible to him that believes, and where all things are possible there is a kind of omnipotency. Wherefore, let it be the unanimous consent and resolution of us all to make a vow and covenant henceforth to hold fast our God and our religion ; and then shall we henceforth expect with certainty happiness in this world." '■' Oliver Cromwell, at that time a young man of no account in the nation, is mentioned in these debates as complaining of one who, he was told, preached flat popery.*' It is amus- ing to observe the first words of this fanatical hypocrite cor- respond so exactly to his character. The inquiries and debates concerning tonnage and pound- age went hand in hand with these theological or metaphysi- cal controversies. The officers of the custom-house were summoned before the Commons to give an account by what authority they had seized the goods of merchants who had refused to pay these duties: the barons of the exchequer were questioned concerning their decrees on that head.*' One of the sheriffs of London was committed to the Tower for his activity in supporting the officers of the custom-house ; the goods of Rolles, a merchant and a member of the House, being seized for his refusal to pay the duties, complaints were made of this violence, as if it were a breach of privi- lege.^" Charles supported his officers in all these measures ; and the quarrel grew every day higher between him and the Commons.'^^ Mention was made in the House of impeach- ing Sir Richard Weston, the treasurer ; ^'^ and the king be- gan to entertain thoughts of finishing the session by a dis- solution. Sir John Elliot framed a remonstrance against levying tonnage and poundage without consent of Parliament, and offered it to the clerk to read. It was refused. He read it himself. The question being then called for, the speaker, Sir John Finch, said that " he had a command from the king to adjourn, and to put no question." ^s Upon which he rose " Eushworth, "ol. i. p. 646. Parlinmentary History, vol. viii. p 260 " Eushworth, vol. i- p. 665. Puilianieiitary History, vol. viii. p! 289 " Eushworth, vol. i. p. 654. Parliamentary History, vol. viii d. SOl' M Eushworth, vol. i. p. 653. k ov . " Eushworth, vol. i. p. 6f)8. ra Parliamentary History, vol. viii p .126 ss The king's power of adjourniiiE as well as proroguing the Parliament'was, and is, never questioned. In the 19th of the late king, the judges determined HISTORY OF ENGLAND. 175 and left the chair. The whole House was in an uproar. The speaker was pushed back into the chair, and forcibly held in it by Hollis and Valentine, till a short remonstrance was framed, and was passed by acclamation rather than by vote. Papists and Arminians were there declared capital enemies to the commonwealth. Those, who levied tonnage and poundage were branded with the same epithet ; and even the merchants who should voluntarily pay these duties were denominated betrayers of English liberty and public enemies. The doors being locked, the gentleman usher of the House of Lords, who was sent by the king, could not get admit- tance till this remonstrance was finished. By the king's order, he took the mace from the table, wjiich ended their proceedings;^* and a few days after the Parliament was dis- solved. The discontents of the nation ran high, on account of this violent rupture between the king and Parliament. These discontents Charles inflamed by his affectation of a severity which he had not power, nor probably inclination, to carry to extremities. Sir Miles Hobart, Sir Peter Heyman, Sel- den, Coriton, Long, Strode, were committed to prison, on account of the last tumult in the House, which was called sedition.^' With great difficulty, and after several delays, they were released ; and the law was generally supposed to be wi-ested, in order to prolong their imprisonment. Sir John Elliot, Hollis, and Valentine were summoned to their trial in the king's bench, for seditious speeches and behavior in Parliament ; but refusing to answer before an inferior court for their conduct as members of a supei-ior, they were condemned to be imprisoned during the king's pleasure, to find sureties for their good behavior, and to be fined, the two former in a thousand pounds apiece, the latter five hun- dred.^* This sentence, procured by the influence of the crown, served only to show the king's disregard to the privi- ' leges of Parliament, and to acquire an immense stock of popularity to the sufferers, who had so bravely, in opposi- tion to arbitrary power, defended the liberties of their native country. The Commons of England, though an immense body, and possessed of the greater part of national property, that the adjournment by the kiilg kept the Pavliameiit in statu quo until the next sitting ; but tliat then no committees were to meet ; hut if the adjournment be by the House, then the committees and other matters do continue. — Parlia^ mentary History, vol. v. p. 466, M Kushworth, vol. i. p. 660. Whitlocke, p. 12. 6fi Bushworth, vol. i, pp. 661, 681, Parliamentary History, vol. viii. p. 354. May, p. 13, ™ Kushworth, vol. i, pp. 684, 691. 176 HISTORY OF ENGLAND. were naturally somewhat cleferceless, because of their per- sonal equality and their want of leaders ; but the king's se- verit}', if these prosecutions deserve the name, here pointed out leaders to them whose resentment was inflamed, and whose courage was nowise daunted by the hardships which they had undergone in so honorable a cause. So much did these prisoners glory in their sufferings that, though they were promised liberty on that condition, they would not condescend even to present a petition to the king expressing their sorrow for having offended him." They unanimously refused to find sureties for their good be- havior, and disdained to accept of deliverance on such easy terms. Nay, Mollis was so industrious to continue his meri- torious distress that, when one offered to bail him he would not yield to the rule of court and be himself bound with his friend. Even Long, who had actually found sureties in the chief-justice's chamber, declared in court that his sureties should no longer continue.^' Yet, because Sir John Elliot happened to die while in custody, a great clamor was raised against the administration ; and he was universally regarded as a martyr to the liberties of England.*' " Whitlocke, p. 13. « Kennet, vol. iii. p. 49. » Kusliworth, vol. v. p. 440. HISTORY OF ENGLAND. 177 CHAPTER LII. PEACE WITH FEANCE. PEACE WITH SPAIN. STATE OF THE ' COURT AND MINISTRY. CHARACTER OF THE QUEEN. STRAFFORD. LAUD. INNOVATIONS IN THE CHURCH. IR- REGULAR LEVIES OF MONEY. SEVERITIES IN THE STARr CHAMBER AND HIGH COMMISSION. SHIP-MONEY. TRIAL OF HAMBDEN. [1629.] There now opens to us a new scene. Charles, naturally disgusted with parliaments, who, he found, were determined to proceed against him with unmitigated rigor, both in invading his prerogative and refusing him all sup- ply, resolved not to call any more till he should see greater indications of a compliant disposition in the nation. Hav- ing lost his great favorite, Buckingham, he became his own minister, and never afterwards reposed in any one such un- limited confidence. As he chiefly follows his own genius and disposition, his measures are henceforth less rash and hasty ; though the general tenor of his administration still wants somewhat of being entirely legal, and perhaps more of being entirely prudent. We shall endeavor to exhibit a just idea of the events which followed for some years, so far as they regard foreign affairs, the state of the court, and the government of the na- tion. The incidents are neither numerous nor illustrious, but the knowledge of them is necessary for understanding the subsequent transactions which are so memorable. Charles, destitute of all supply, was necessarily reduced to embrace a measure which ought to have been the result of reason and sound policy : he made peace with the two crowns against which he had hitherto waged a war, entered into without necessity and conducted without glory. Not- withstanding the distracted and helpless condition of Eng- land, no attempt was made, either by Prance or Spain, to invade their enemy ; nor did they entertain any further project than to defend themselves against the feeble and ill- concerted expeditions of that kingdom. Pleased that the jealousies and quarrels between the king and Parliament Vojt. IV.— 12 178 HISTORY OF ENGLAND. had disarmed so formidable a power, they carefully avoided any enterprise which might I'Oiise either the terror or anger of the English, and dispose them to domestic union and sub- mission. The endeavors to regain the good-will of the na- tion were carried so far by the King of Spain that he gen- erously released and sent home all the English prisoners taken in the expedition against Cadiz. The example was imitated by France, after the retreat of the English from the isle of Rhe. When princes were in such dispositions, and had so few pretensions on each other, it could not be diiBcult to conclude a peace. The treaty was first signed with France.* The situaticm of the king's affairs did not entitle him to demand any conditions for the Huguenots, and they were abandoned to the will of their sovereign. [1630.] Peace was afterwards concluded with Spain, where no conditions were made in favor of the Palatine, except that Spain promised in general to use their good offices for his restoration.'^ The influence of these two wars on domes- tic affairs, and on the dispositions of king and people, was of the utmost consequence ; but no alteration was made by them on the foreign interests of the kingdom. Nothing more happy can be imagined than the situation in which England then stood with i-egard to foreign affairs. Europe was divided between the rival families of Bourbon and Austria, whose opposite interests, and still more their mutual jealousies, secured the tranquillity of this island ; their forces were so nearly counterpoised that no apprehensions were entertained of any event which could suddenly disturb the balance of power between them. The Spanish monarch, deemed the most powerful, lay at greatest distance ; and the English, by that means, possessed the advantage of be- ing engaged by political motives in a more intimate union and confederacy with the neighboring potentate. The dis- persed situation of the Spanish dominions rendered the naval power of England formidable to them, and kept that empire in continual dependence. France, more vigorous and more compact, was every day rising in policy and discipline, and reached at last an equality of power with the House of Aus- tria ; but her progress, slow and gradual, left it still in the power of England, by a timely interposition, to check her superiority. And thus Charles, could he have avoided all dissensions with his own subjects, was in a situation to make himself be courted and respected by every power in > Eushworth, vol. ii- pp- 23, 24. = Rushworlh, vol. ii. p. 78. WHitlocke, p. 14. niSTOEY OF ENGLAND. 179 Europe ; and, what has scarcely ever since been attained by the princes of this island, he could either be active with dignity or neutral with security. A neutrality was embraced by the king, and during the rest of his reign he seems to have little regarded foreign af- fairs, except so far as he was engaged by honor, and by friendship for his sister and the Palatine, to endeavor the procuring of some relief for that unhappy family. He joined his good oflBces to those of France, and mediated a peace between the Kings of Sweden and Poland, in hopes of engaging the former to embrace the protection of the op- pressed Protestants in the empire. This was the famed Gustavus, whose heroic genius, seconded by the wisest pol- icy, made him in a little time the most distinguished mon- arch of the age, and rendered his country, formerly unknown and neglected, of great weight in the balance of Europe. To encourage and assist him in his projected invasion of Germany, Charles agreed to furnish him with six thousand men ; but that he might preserve the appearance of neutral- ity, he made use of the Marquis of Hamilton's name.' That nobleman entered into an engagement with Gustavus, and enlisting these troops in England and 'Scotland at Charles's expense, he landed them in the Elbe. The de- cisive battle of Leipsic was fought soon after, where the conduct of Tilly and the valor of the imperialists were over- come by the superior conduct of Gustavus and the superior valor of the Swedes. What remained of this hero's life was one continued series of victory, for which he was less be- holden to fortune than to those personal endowments which he derived from nature and from industry. That rapid prog- ress of conquest which we so much admire in ancient history was here renewed in modern annals, and without that cause to which in former ages it had ever been owing. Military nations were not now engaged against an undisciplined and unwarlike people, nor heroes set in opposition to cowards. The veteran troops of Ferdinand, conducted by the most celebrated generals- of the age, were foiled in every encoun- ter, and all Germany was overrun in an instant by the vic- torious Swede. But by this extraordinary and unexpected success of his ally, Charles failed of the purpose for which he framed the alliance. Gustavus, elated by prosperity, be- gan to form more extensive plans of ambition, and in free- ing Germany from the yoke of Ferdinand, he intended to ' Rushwortli, vol. i. pp. 46, 53, 62, 83. 180 HISTORY OF ENGLAND. reduce it to subjection under his own. He refused to re- stove the Palatine to his principality, except on conditions which would have kept him in total dependence.* And tlius the negotiation was protracted till the battle of Lutzen, where the Swedish monarch perished in the midst of a com- plete victory which he obtained over his enemies. We have carried on these transactions a few years be- yond the present period that we might not be obliged to return to them, nor be henceforth interrupted in our account of Charles's court and kingdoms. When we consider Charles as presiding in his court, as associating with his family, it is difficult to imagine a char- acter at once more respectable and more amiable. A kind husband, an indulgent father, a gentle master, a steadfast friend, to all these eulogies his conduct in private life fully entitled him. As a monarch, too, in the exterior qualities he excelled ; in the essential, he was not defective. His ad- dress and manner, though perhaps inclining a little towards stateliness and formality, in the main corresponded to his high rank, and gave grace to that reserve and gravity which were natural to him. The moderation and equity which shone forth in his temper seemed to secure him against rash and dangerous enterprises ; the good sense which he dis- played in his discourse and conversation seemed to warrant his success in every reasonable undertaking. Other endow- ments likewise he had attained, which in a private gentle- man, would have been highly ornamental, and which in a great monarch might have proved extremely useful to his people. He was possessed of an excellent taste in all the fine arts, and the love of painting was, in some degree, his favorite passion. Learned beyond what is common in princes, he was a good judge of writing in others, and en- joyed, himself, no mean talent in composition. In any other age or nation, this monarch had been secure of a prosperous and a happy reign. But the high idea of his own authority which he had imbibed made him incapable of giving way to the spirit of liberty which hegan to prevail among his sub- jects. His politics were not supported by such vigor and foresight as might enable him to subdue their pretensions and maintain his prerogative at the high pitch to which it had been raised by his predecessors ; and, above all, the spirit of .enthusiasm being universally diffused disappointed * Franklyn, vol. i. p. 416 HISTOEY OF ENGLAND. 181 all the views of human prudence and disturbed the opera- tion of every motive which usually influences society. But the misfortunes arising from these cau.ses were yet remote. Charles now enjoyed himself in the full exercise of his authority, in a social intercourse with his friends and courtiers, and in a moderate use of those pleasures which he most affected. After the death of Buckingham, who had somewhat alien- ated Charles from the queen, she is to be considered as his chief friend and favorite. That rustic contempt of the fair sex which James affected, and which, banishing them fi-oni his court, made it resemble more a fair or an exchange than the seat of a great prince, was very wide of the disposition of this monarch. But though full of complaisance to the whole sex, Charles reserved all his passion for his consort, to whom he attached himself with unshaken fidelity and con- fidence. By her sense and spirit as well as by her beauty she justified the fondness of her husband, though it is allowed that, being somewhat of a passionate temper, she precipitat- ed him into hasty and imprudent measures. Her religio*i, likewise, to which she, was much addicted, must be regarded as a great misfortune, since it augmented the jealousy which prevailed against the court, and engaged her to procure for the Catholics some indulgences which were generally dis- tasteful to the nation.* In the former situation of the English government, when the sovereign was in a great measure independent of his subjects, the king chose his ministers either from personal favor- or from an opinion of their abilities, without any re- gard to their parliamentary interest or talents. It has since been the maxim of princes, wherever popular leaders en- croach too much on royal authority, to confer offices on them, in expectation that they will afterwards becorne more careful not to diminish that power which has become their own. These politics were now embraced by Charles — a sure proof that a secret revolution had happened in the constitution and had necessitated the prince to adopt new maxims of government.^ But the views of the king were at this time so repugnant to those of the Puritans that the leaders whom he gained lost from that moment all interest with their party, and were even pursued as traitors with implacable hjitred and resentment. This was the case with Sir Thomas Wentworth, whom the king created, first a s May, p. 21. • Sir Edward Walker, p. 328. 182 HISTOKT OF ENGLAND. baron, then a viscount, and afterwards Earl of Strafford ; made him ]iresident of the Council of York, and deputy of Ireland, and regarded him as his chief minister and council- lor. By his eminent talents and abilities, Strafford mer- ited all the confidence which his master reposed in him : his character was stately and austere, more fitted to procure esteem than love; his fidelity to the king was unshaken; but as he now employed all his counsels to support the pre- rogative which he had formerly bent all his endeavors to diminish, his virtue seems not to have been entirely pure, but to have been susceptible of strong impressions from pri- vate interest and ambition. Sir Dudley Digges was about the same time created master of the rolls ; Noy, attorney- general ; Littleton, solicitor-general. All these had likewise been parliamentary leaders,, and were men eminent in their profession.' In all ecclesiastical affairs, and even in many civil, Laud, Bishop of London, had great influence over the king. This man was virtuoi^s, if severity of manners alone and absti- nence from pleasure could deserve that name. He was learned, if polemical knowledge could entitle him to that praise. He was disinterested, but with unceasing industry he studied to exalt the priestly and prelatical character, which was his own. His zeal was unrelenting in the cause of religion — that is, in imposing by rigorous measures his own tenets and pious ceremonies on the obstinate Puritans who had profanely dared to oppose him. In prosecution of his holy purposes, he overlooked every human considera- tion ; or, in other words, the heat and indiscretion of his temper made him neglect the views of prudence and rules of good manners. He was in this respect happy that all his enemies were also imagined by him the declared enemies to loyalty and true piety, and that every exercise of his anger by that means became in his eyes a merit and a virtue. This was the man who acquired so great an ascendant over Charles, and. who led him, by the facility of his temper, into a conduct w hi h proved so fatal to himself and to his king- doms. The humor of the nation ran at that time into the extreme opposite to superstition, and it was with difficulty that the ancient ceremonies to which men had been accustomed, and which had been sanctified by the practice of the first reform- ers, could be retained in divine service ; yet was this the ' Whitlocke, p. 13. May, p. 20. HISTORY OF ENGLAND. 183 time which Laud chose for the introduction of new ceremon- ies and observances. Besides that these were sure to dis- please as innovations, there lay, in the opinion of the public, another very forcible objection against them. Laud and the other prelates who embraced his measures were gen- erally well instructed in sacred antiquity, and had adopted many of those religious sentiments which prevailed during the fourth and fifth centuries, when the Christian Chui-cli, as is well known, was already sunk into those superstitions which were afterwards continued and augmented by the policy of Rome. The revival, therefore, of the ideas and prac- tices of that age could not fail of giving the English faith and liturgy some resemblance to the Catholic superstition, which the kingdom in general and the Puritans in particular held in the greatest horror and detestation. Men, also, were apt to think that, without some secret purpose, such insignifi- cant observances would not be imposed with such unrelent- ing zeal on the refractory nation, and that Laud's scheme was to lead back the English by gradual steps to the re- ligion of their ancestors. They considered not that the very insignificancy of these ceremonies recommended them to the superstitious prelate, and made them appear the more peculiarly sacred and religious, as they could serve to no other purpose. Nor was the resemblance to the Romish ritual any objection, but rather a merit, with Laud and his brethren, who bore a much greater kindness to the mother Church, as they called her, than to the sectaries and Pres- byterians, and frequently recommended her as a true Chris- tian Church, an appellation which they refused, or at least scrupled, to give to the others.' So openly were these tenets espoused that not only the discontented Puritans be- lieved the Church of England to be relapsing fast into Rom- ish superstition, the court of Rome itself entertained hopes of regaining its authority in this island ; and in order to forward Laud's supposed good intentions, an offer was twice made him, in private, of a cardinal's hat, which he declined accepting.' His answer was, as he says himself, "that something dwelt within him which would not suffer his compliance till Rome were other than it is." " A court lady, daughter of the Earl of Devonshire, having turned Catholic, was asked by Laud the reason of her conversion. " 'Tis chiefly," said she, " because I hate « May, p. 25. ' Rusliworth, vol. ii. p. 190. Welwood, p. 61. M KuBhworth, vol. iii. p. 1327. WMtlockc, p. 97. 184 HISTORY OS ENGLAND. to travel in a crowd." The meaning of this expression being demanded, she replied, " I perceive your grace and many others are making haste to Rome ; and, therefore, in order to prevent my being crowded, I have gone before you." It must be confessed that, though Laud deserved not the appellation of Papist, the genius of his religion was, though in a less degree, the same with that of the Romish : the same profound respect was exacted to the sacerdotal character, the same submission required to the creeds and decrees of synods and councils, the same pomp and cere- mony was affected in worship, and the same superstitious regard to days, postures, meats, and vestments. No won- der, therefore, that this prelate was everywhere among the Puritans regarded with horror as the forerunner of Anti- christ. As a specimen of the new ceremonies to which Laud sacrificed his own quiet and that of the nation, it may not be amiss to relate those which he was accused of employing in the consecration of St. Catherine's Church, and which were the object of such general scandal and offence. On the bishop's approach to the west door of the church, a loud voice cried, " Open, open, ye everlasting doors, that the King of glory may enter in ! " Immediately the doors of the church flew open, and the bishop entered. Falling upon his knees, with eyes elevated and arms expanded, he uttered these words : " This place is holy ; the ground is holy : in the name of the Father, Son, and Holy Ghost, I pronounce it holy." Going towards the chancel, he several times took up from the floor some of the dust and threw it in the air. When he approached with his attendants near to the com- munion-table, he bowed frequently towards it ; and, on their retun, they went round the church, repeating, as they marched along, some of the Psalms ; and then said a form of prayer which concluded with these words: "We. con- secrate this church, and separate it unto thee as holy ground, not to be profaned any more to common uses." After this the bishop, standing near the communion- table, solemnly pronounced many imprecations upon such as should afterwards pollute that holy place by musters of soldiers, or keeping in it profane law-courts, or carrying burdens through it. On the conclusion of every curse he bowed towards the east and cried, " Let all the people say, Amen." HISTORY OF ENGLAND. 186 The imprecations being all so piously finished, there were poured out a number of blessings upon such as had any hand in framing and building that sacred and beautiful edifice, and on such as had given, or should hereafter give, to it any chalices, plate, ornaments, or utensils. At every benediction, he in like manner bowed towards the east, and cried, " Let all the people .say. Amen." The sermon followed ; after which the bishop conse- crated and administered the sacrament in the following manner : As he approached the communion-table, he made many lowly reverences ; and coming up to that part of the table where the bread and wine lay, he bowed seven times. After the reading of many prayers, he approached the sacra- mental elements, and gently lifted up the corner of the napkin in which the bread was placed. When he beheld the bread, he suddenly let fall the napkin, flew back a step or two, bowed three several times towards the bread ; then he drew nigh again, opened the napkin, and bowed as be- fore. Next, he laid his hand on the cup, which had a cover upon it, and was filled with wine. He let go the cup, fell back, and bowed thrice towards it. He approached again ; and, lifting up the cover, peeped into the cup. Seeing the wine, he let fall the cover, started back, and bowed as be- fore. Then he received the sacrament, and gave it to others. And many prayers being said, the solemnity of the consecration ended. The walls and floor and roof of the fabric were then supposed to be sufficiently holy." Orders were given and rigorously insisted on that the communion-table should be removed from the middle of the area, where it hitherto stood in all churches, except in cathedrals.^'' It was placed at the east end, railed in, and denominated an altak — as the clergyman who officiated received commonly the appellation of priest. It is not easy to imagine the discontents excited by this innovation, and the suspicions which it gave rise to. The kneeling at the altar, and the using of copes, a species of embroidered vestment, in administering the sac- rament, were also known to be great objects of scandal as being popish practices ; but the opposition increased rather than abated the zeal of the prelate for the introduction of these habits and ceremonies. 11 Rushworth, vol. ii. pp. 76, 77. Welwood, p. 275. Franklyn, p. 386. 1!! Kusliworth, vol. ii. p. 207. Whitlocke, p. 24. 186 HISTORY OF ENGLAND. All kinds of ornament, especially pictures, were neces- sary for supporting that mechanical devotion which was purposed to be raised in this model of religion ; but, as these had been so much employed by the Church of Rome, and had given rise to so much superstition, or what the Puritans call idolatry, it was impossible to introduce them, into English churches without exciting general murmurs and complaints. But Laud, possessed of present authority, per- sisted in his purpose, and made several attempts towards acquiring these ornaments. Some of the pictures intro- duced by him were also found, upon inquiry, to be the very same that might be met with in the mass-book. The cruci- fix, too, that eternal consolation of all pious Catholics, and terror to all sound Protestants, was not forgotten on this occasion.^' It was much remarked that Sherfield, the recorder of Salisbury, was tried in the Star-chamber for having broken, contrary to the Bishop of Salisbury's express injunctions a painted window of St. Edmond's Church in that city. He boasted that he had destroyed these monuments of idolatry ; but for this effort of his zeal he was fined five hundred pounds, removed from his office, condemned to make a public acknowledgment, and be bound to his good behavior." Not only such of the clergy as neglected to observe every ceremony were suspended and deprived by the high commission court. Oaths were, by many of the bishops, imposed on the churchwardens ; and they were sworn to inform against any one who acted contrary to the ecclesi- astical canons.'^ Such a measure, though practised during the reign of Elizabeth, gave much offence as resembling too nearly the practice of the Romish Inquisition. To show the greater alienation from the churches reformed after the Presbyterian model, Laud advised that the discipline and worship of the Church should be imposed on the English regiments and trading companies abroad." All foreigners of the Dutch and Walloon congregations were commanded to attend the Established Church ; and indul- gence was granted to none after the children of the first den- izens." Scudamore, too, the king's ambassador at Paris, had orders to withdraw himself from the communion of the " Rushworth, vol. ii. pp. 272, 273. <4 Eushworth, vol. ii. p. 152. State Trials, vol. v. p. 46. Pranklyn. pp. 410, *";„*}?• ^ , , .. '^ Rushworth, vol. ii. p. 186. ■= Rushworth, vol. 11. p. 249. Franklyn, p. 451. " Ru8h«"»rth vol ii p 272, HISTORY OF ENGLAND, 187 Huguenots. Even men of sense were apt to blame this conduct, not only because it gave offence in England, but because, in foreign countries, it lost the crown the advantage of being considered as the head and support of the Refor- mation.^' On pretence of pacifying disputes, orders were issued from the council forbidding on both sides all preaching and printing with regard to the controverted points of predesti- nation and free-will. But it was complained of, and prob- ably with reason, that the impartiality was altogether con- fined to the orders, and that the execution of them was only meant against the Calvinists. In return for Charles's indulgence towards the Church, Laud and his followers took care to magnify, on every occa- sion, the regal authority, and to treat with the utmost disdain or detestation all puritanical pretensions to a free and inde- pendent constitution. But while these prelates were so liberal in raising the crown at the expense of public liberty, they made no scruple of encroaching themselves on the royal rights the most incontestable, in order to exalt the hierarchy and procure to their own order dominion and independence. All the doctrines which the Romish Church had borrowed from some of the fathers, and which freed the spiritual from subordination to the civil power, were now adopted by the Church of England and interwoven with her political and religious tenets. A divine and apostolical charter was insisted on preferably to a legal and parliamen- tary one." The sacerdotal character was magnified as sacred and indefeasible. All right to spiritual authority, or even to private judgment in spiritual subjects, was refused to profane laymen ; ecclesiastical courts were held by the bishops in their own name without any notice taken of the king's authority ; and Charles, though extremely jealous of every claim in popular assemblies, seemed rather to encour- age than repress those encroachments of his clergy. Having felt many sensible inconveniences from the independent spirit of parliaments, he attached himself entirely to those who professed a devoted obedience to his crown and person ; nor did he foresee that the ecclesiastical power which he exalted, not admitting of any precise boundary, might in time become more dangerous to public peace, and no less fatal to royal prerogative, than the other. " state Papers collected by tlie Earl of Clarendon, p. 338. 19 Wliitlocke, p. 22. 188 HISTORY OP ENGLAND. So eai-ly as the coronation, Laud was the person, accord- ing to general opinion, that introduced a novelty, which, though overlooked by Charles, made a deep impression on many of the V)ystanders. After the usual ceremonies, these words were recited to the king: " Stand and hold fast, from henceforth, the place to which you have been heir by the succession of your forefathers, being now delivered to you by the authority of Almighty God, and by the hands of us and all the bishops and servants of God. And as you see clergy to come nearer the altar than others, so remember that in all places convenient, you give them greater honor; that the Mediator of God and man may establish you on the kingly throne to be a mediator betwixt the clergy and the laity ; and that you may reign forever with Jesus Christ, the King of kings, and Lord of lords." ™ The principles which exalted prerogative were not enter- tained by the king merely as soft and agreeable to his royal ears. They were also put in practice during the time that he ruled without parliaments. Though frugal and regular in his expense, he wanted money for the support of govern- ment ; and he levied it either by the revival of obsolete laws, or by violations — some more open, some more disguised — of the privileges of the nation. Though humane and gentle in his temper, he gave way to a few severities in the Star- chamber and high commission, which seemed necessary in order to support the present mode of administration and repress the rising spirit of liberty throughout the kingdom. Under these two heads may be reduced all the remarkable transactions of this reign during some years ; for, in peace- able and prosperous times, where a neutrality in foreign affairs is obsei-ved, scarcely anything is remarkable but what is, in some degree, blamed or blamalsle. And, lest the hope of relief or protection from Parliament might encourage opposition, Charles issued a proclamation, in which he declared "that, whereas, for several ill ends, the calling again of a Parliament is di\Ti]ged — though his majesty has'shown by frequent meetings with his people his love to the use of parliaments — yet the late abuse having, for the present, driven him unwillingly out of that course, he will account it presumption for any one to prescribe to him any time for the calling of tliat usseuibly." -^ This was generally con- strued as a declaration that during this reign no more par- z» Franklyii. p- 114. Rusliwoi-th, vol. i. p. 201. 21 Parliamentary History, vol. -viii. p. 38D. Eushwortb, vol. ii. p. S. HISTORY OP ENGLAND. 189 liaments were intended to be summoned ; '''' and every meas- ure of the king's confirmed a suspicion so disagreeable to the generality of the people. Tonnage and poundage continued to be levied by the royal authority alone. The former additional impositions were still exacted. Even new impositions were laid on several kinds of merchandise.^' The custom-house officers received orders from the council to enter into any house, warehouse, or cellar; to search any trunk or chest ; and to break any bulk whatever, in default of the payment of customs.^^ In order to exercise the militia and to keep them in good order, each county, by an edict of the council, was assessed in a certain sum for maintaining a muster-master appointed for that service.^^ Compositions were openly made with recusants, and the popish religion became a regular part of the revenue. This was all the persecution which it underwent during the reign of Charles.'^'' A commission was granted for compounding with such as were possessed of crown lands upon defective titles ; and, on this pretence, some money was exacted from the people."' There was a law of Edward 11.,''^ that whoever was possessed of twenty pounds a year in land should be obliged, when summoned, to appear and to receive the order of knighthood. Twenty pounds at that time, partly by the change of denomination, partly by that in the value of money, were equivalent to two hundred in the seventeen.th century; and it seemed just that the king should not strictly insist on the letter of the law, and oblige people of so small revenue to accept of that expensive honor. Edward VI.^' and Queen Elizabeth,"" who had both of them made use of this expedi- ent for raising money, had summoned only those who were possessed of forty pounds a year and upwards to receive knighthood, or compound for their neglect; and Charles imitated their example in granting the same indulgence. Commissioners were appointed for fixing the rates of com- position ; and instructions were given to these commissioners not to accept. of a less sum than would have been due by the party upon a tax of three subsidies and a half.'' Nothing " Clarendon, vol. i. p. 4. May, p. 14. 23 Eu^liwoith, vol. ii. p. 8. May, p. 16. 2* Rupliwoi'th, vol. ii. p. 9. 25 Rushworth, vol. ii. p. 10. 2'' Eushworth, \ol. ii. pp. 11, 12, 13, 247. 2; Rushworth, vol. ii. p. 49. 2' Stalutuin tie .Militibus. 29 Rymer, vol. xv. p. 124. '" Rymer, vol. xv. pp. 493, 504. « Eushworth, vol. ii. pp. 70, 71, 72. May, p. 16. 190 HISTORY OF ENGLAND. proves more plainly how ill-disposed the people were to the measures of the crown than to observe that they loudly complained of an expedient founded on positive statute and warranted by such recent precedents. The law was pre- tended to be obsolete, though only one reign had intervened since the last execution of it. Barnard, lecturer of St. Sepulchre's, London, used this expression in his prayer before sermon : " Lord, open the eyes of the queen's majesty, that she may see Jesus Christ, whom she has pierced with her infidelity, superstition, and idolatry." He was questioned in the high-commission court for this insult on the queen ; but, upon his submission, dis- missed.'^ Leighton, who had written libels against the king, the queen, the bishops, and the whole administration, was condemned by a very severe, if not a cruel, sentence ; but the execution of it was suspended for some time in expecta- tion of his submission.'^ All the severities, indeed, of this reign were exercised against those who triumphed in their sufferings, who courted persecution, and braved authority ; and on that account their punishment may be deemed the more just, but the less prudent. To have neglected them entirely (had it been consistent with order and public safety) had been the wisest measure that could have been embraced, as perhaps it had been the most severe punishment that could have been inflicted on these zealots. [1631.] In order to gratify the clergy with a magnificent fabric, subscript! oris were set on foot for repairing and re- building St. Paul's, and the king, by his countenance and ex- ample, encouraged this laudable undertaking.'* By order of the privy council, St. Gregory's church was removed, as an impediment to the project of extending and beautifying the cathedral. Some houses and shops, likewise, were pulled down, and compensation was made to the owners.** As there was no immediate prospect of assembling a Parliament, such acts of power in the king became necessary ; and in no former age would the people have entertained any scruple with regard to them. It must be remarked that the Puritans were extremely averse to the raising of this ornament to the capital. It savored, as they pretended, of popish super- stition. A stamp duty was imposed on cards ; a new tax, which 32 Rushworth, vol. ii. p. 32. M Kennet'B Complete History, vol. iii. p. 60. Whitlooke p 15 s« Whitlocke, p. 17. so Kusliwoitli, vol. ii. pp. 88, £9, 9U, 20T, 462, 718. HISTORY OF ENGLAND. 191 of itself was uable to no objection, but appeared of danger- ous consequence when considered as ai'bitrary and illegal.^' Monopolies were revived ; an oppressive method of levying money, being unlimited as well as destructive of industry. The last Parliament of James, which abolished monopolies, had left an equitable exception in favor of new inventions, and on pretence of these, and of erecting new companies and corporations, was this grievance now renewed. The manufacture of soap was given to a company, who paid a sum for their patent." Leather, salt, and many other com- modities, even down to line?! rags, were put under restric- tions. It is affirmed by Clarendon that so little benefit was reaped from these projects that of two hundred thousand pounds thereby levied on the people, scarcely one thousand five hundred came into the king's cofiEers. Though we ought not to suspect the noble historian of exaggerations to the disadvantage of Charles's measures, this fact, it must be owned, appears somewhat incredible. The same author adds that the king's intention was to teach his subjects how unthrifty a thing it was to refuse reasonable supplies to the crown. An imprudent project ! to offend a whole nation, under the view of punishment ; and to hope, by acts of vio- lence, to break their refractory spirits, without being pos- sessed of any force to prevent resistance. [1632.] The Council of York had been first erected, after a rebellion, by a patent from Henry VIII. without any au- thority of Parliament ; and this exercise of power, like many others, was indulged to that ai-bitrary monarch. This council had long acted chiefly as a criminal court; but, besides some innovations introduced by James, Charles thought proper, some time after Wentworth was made president, to extend its powers, and to give it a large civil jurisdiction, and that in some respects discretionary.^' It is not improbable that the king's intention was only to prevent inconveniences, which arose from the bringing of every cause, from the most distant parts of the kingdom, into Westminster Hall; but the consequence, in the mean time, of this measure was the put- ting of all the northern counties out of the protection of or- dinary law, and subjecting them to an authority somewhat arbitrary. Some irregular acts of that council were this year complained of.^^ M Ku«lLworth, vol. ii. p. 103. « RuBhworth, TOl. ii. pp. 136, 142, 189, 252. =■ Rushworth, vol. ii. po. 1.58, 159, etc. Franlclyu, p. 412. " Rushworth, vol. ii. pp. 202, 203. 192 HISTORY OF ENGLAND. The court of Star-chamber extended its authority ; and it was a matter of complaint that it encroached upon the jurisdiction of the other courts, imposing heavy fines and inflicting severe punishment beyond the usual course of justice. [1633.] Sir David Foulis was fined five thousand pounds, chiefly because he had dissuaded a friend from com- pounding with the commissioners of knighthood.*" Prynne, a barrister of Lincoln's Inn, had written an enormous quarto of a thousand pages, which he called " Histrio-Mastyx." Its professed purpose was to decry stage-plays, comedies, interludes, music, dancing ; but the author likewise took occasion to declaim against hunting, public festivals, Christmas-keeping, bonfires, and May-poles. His zeal against all these levities, he says, was first moved by observing that plays sold better than the choicest ser- mons, and that they were frequently printed on finer paper than the Bible itself. Besides, that the players were often Papists, and desperately wicked ; the play-houses, he affirms, are Satan's chapels, the play-haunters little better than in- carnate devils, and so many steps in a dance so many paces to hell. The chief crime of Nero he represents to have been his frequenting and acting of plays ; and those who nobly conspired his death were principally moved to it, as he affirms, by their indignation at that enormity. The rest of his thousand pages is of a like strain. He had obtained a license from Archbishop Abbot's chaplain, yet was he in- dicted in the Star-chamber as a libeller. It was thought somewhat hard that general invectives against plays should be interpreted into satires against the king and queen merely because they frequented these amusements, and because the queen sometimes acted a part in pastorals and interludes which were represented at court. The author, it must be owned, had in plainer terms blamed the hierarchy, the cer- emonies, the innovations in religious worship, and the new superstitions introduced by Laud ; " and this, probably, to- gether with the obstinacy and petulance of his behavior be- fore the Star-chamber, was the reason whv his sentence was so severe. He was condemned to be put from the bar ; to " Eushworth, vol. ii. pp. 215, 216, etc. «i The music in the churches he afflrmed not to be the noise o£ men, hut a bleatnig of brute beasts ; choristers bellow the tenor, as it were oxen ; bark a counterpart, as it were a kennel o£ doga ; roar out a treble, as it were a sort of bulls ; and grunt out a bass, as it were a number of hogs ; Christmas, as it is kept, 18 tlie devil B Christmas ; and Prynne employed a great number of paaes to per- suade men to affect Ihe name of Puritan, as if Christ had been a Puritan ; and so lie saith in his Index.— Itushworth, vol. ii. p. 223. HISTOEY OP ENGLAND. 193 stand on the pillory in two places, "Westminster and Cheap- side ; to lose both his ears, one in each place ; to pay five thousand pounds fine to the king, and to be imprisoned during life.*^ This same Prynne was a great hero among the Puritans, and it was chiefly with a view of mortifying that sect that, though of an honorable profession, he was condemned by the Star-chamber to so ignominious a punishment. The thorough-paced Puritans were distinguishable by the sour- ness and austerity of their manners, and by their aversion to all pleasure and society.*' To inspire them with better humor was certainly, both for their own sake and that of the public, a laudable intention in the court; but whether pillories, fines, and prisons were proper expedients for that purpose may admit of some question. Another expedient which the king tried in order to infuse cheerfulness into the national devotion was not much more successful. He renewed his father's edict for allowing sports and recreations on Sunday to such as attended public wor- ship ; and he ordered his proclamation for that purpose to be publicly read by the clergy after divine service.** Those who were puritanically affected refused obedience, and were punished by suspension or deprivation. The differences be- tween the sects were before sufiiciently great ; nor was it necessary to widen them further by these inventions. Some encouragement and protection, which the king and the bishops gave to wakes, church-ales, bride-ales, and other cheerful festivals of the common people, were the ob- jects of like scandal to the Puritans.*^ This year Charles made a journey to Scotland, attended by the court, in order to hold a Parliament there, and to pass through the ceremony of his coronation. The nobility and gentry of both kingdoms rivalled each other in express- ing all duty and respect to the king, and in showing mutual friendship and regard to each other. No one could have suspected, from exterior appearances, that such dreadful scenes were approaching. One chief article of business (for it deserves the name) which the king transacted in this Parliament was, besides obtaining some supply, to procure authority for ordering the habits of the clergymen.*' The act did not pass with- « EuBhworth, Tol. ii. pp. 220, 221, etc. « Dugdale, p. 2. " Euahworth, vol. ii. pp. 193, 459. Whitlooke, pp. 16, 17. Franklyn, p. 43T. *> Euahworth, vol. ii. pp. 191, 192. May, p. 2. " Euahworth, vol. ii. p. 183. Vol. IV.— 13. 194 HISTOKT OP ENGLAND. out opposition and difficulty. The dreadful surplice was before men's eyes; and they apprehended with some reason that, under sanction of this law, it would soon be introduced among them. Though the king believed that his preroga- tive entitled him to a power in general of directing what- ever belonged to the exterior government of the Church, this was deemed a matter of too great importance to be ordered without the sanction of a jjopular statute. Immediately after the king's return to England, he heard of Archbishop Abbot's death ; and, without delay, he conferred that dignity on his favorite, Laud, who by this accession of authority was now enabled to maintain ecclesi- astical discipline with greater rigor, and to aggravate the general discontent in the nation. Laud obtained the bishopric of London for his friend Juxon ; and, about a year after the death of Sir Richard Weston, created Earl of Portland, had interest enough to engage the king to make that prelate high treasurer. Jux- on was a person of great integrity, mildness, and humanity, and endued with a good understanding.^'^ Yet did this last promotion give general offence. His birth and character were deemed too obscure for a man raised to one of the highest offices of the crown ; and the clergy, it was thought, were already too much elated by former instances of the king's attachment to them, and needed not this further en- couragement to assume dominion over the laity .^* The Puritans, likewise, were much dissatisfied with Juxon, not- withstanding his eminent virtues, because he was a lover of profnne field-sports and hunting, [1634.] Ship-money was now introduced. The first writs of this kind had been directed to seaport towns only ; but ship-money was at this time levied on the whole king- dom ; and each county was rated at a particular sum, which was afterwards assessed upon individuals.*' The amount of the whole tax was very moderate, little exceeding two hundred thousand pounds ; it was levied upon the people with equality; the money was entirely expended on the navy, to the great honor and advantage of the kingdom. As England had no military force, while all the other powers of Europe _ were strongly armed, a fleet seemed absolutely necessary for her security ; and it was obvious that a navy " "Whitlocke, p. 23. Clarendon, Tol. i. p. oo. *8 Clarendon, vol, i. p. 07. May, p, 2.'^, *" Eusliworth, -vol . ii. pp. 257, 258, etc. HISTORY OF ENGLAND. 195 must be built and equipped at leisure, during peace ; nor could it possibly be fitted out on a sudden emergency, when the danger became urgent. Yet all these considerations could not reconcile the people to the imposition. It was entirely arbitrary ; by the same right any other tax might be imposed ; and men thought a powerful fleet, though very desirable both for the credit and safety of the kingdom, but an unequal recompense for their liberties, which, they ajj- prehended, were thus sacrificed to the obtaining of it. England, it must be owned, was, in this respect, unhappy in its present situation, that the king had entertained a very different idea of the constitution from that which began in general to prevail among his subjects. He did not regard national privileges as so sacred and inviolable that nothing but the most extreme necessity could Justify an infringe- ment of thenii He considered himself as the supreme magistrate, to whose care Heaven, by his birthright, had committed his peoole, whose duty it was to provide for their security and happiness, and who was vested with ample discretionary powers for that salutary purpose. If the observance of ancient laws and customs was consistent with the present convenience of government, he thought himself obliged to comply with that rule, as the easiest, the safest, and what procured the most prompt and willing obedience. But when a change of circumstances, especially if derived from the obstinacy of the people, required a new plan of administration, national privileges, he thought, must yield to supreme power ; nor could any order of the state oppose any right to the will of the sovereign directed to the good of the public.^" That these principles of govern- ment were derived from the uniform tenor of the English laws, it would be rash to affirm. The fluctuating nature of the constitution, the impatient humor of the people, and the variety of events had, no doubt, in different ages produced exceptions and contradictions. These observations alone may be established on both sides, that the appearances were sufficiently strong in favor of the king to apologize for his following such maxims ; and that public liberty must be so precarious under this exorbitant prerogative as to render an opposition not only excusable, but laudable, in the people.^^ Some laws had been enacted during the reign of Henry VIL against depopulation, or the converting of arable lands ™ llushworth, voj. iv. pp. 635, 542. " See note [P] at the end of the volume. 196 HISTORY or ENGLAND. into pasture. By a decree of the Star-chamber, Sir Anthony Roper was fined four thousand pounds for an offence of that nature.^^ This severe sentence was intended to terrify others into composition, and above thirty thousand pounds were levied by that expedient.^' Like compositions, or, in default of them, heavy fines, were required for encroachments on the king's forests, whose bounds, by decrees deemed arbi- trary, were extended much beyond what was usual.^ The bounds of one forest, that of Rockingham, were increased from six miles to sixty.^^ The same refractory humor which made the people refuse to the king voluntary supplies dis- posed them with better reason to murmur against these irregular methods of taxation. Morley was fined ten thousand pounds for reviling, chal- lenging, and striking, in the court of Whitehall, Sir George Theobald, one of the king's servants.^* This fine was thought exorbitant ; but whether it was compounded, as was usual in fines imposed by the Star-chamber, we are not informed. Allison had reported that the Archbishop of York had incurred the king's displeasure by asking a limited tolera^ tion for the Catholics, and an allowance to build some churches for the exercise of their religion. For this slan- der against the archbishop he was condemned, in the Star- chamber, to be fined one thousand pounds, to be committed to prison, to be bound to his good behavior during life, to be whipped, and to be set on the pillory at Westminster and in three other towns in England. Robins, who had been an accomplice in the guilt, was condemned by a sen- tence equally severe.*' Such events are rather to be con- sidered as rare and detached incidents, collected by the severe scrutiny of historians, than as proofs of the prevail- ing genius of the king's administration, which seems to have been more gentle and equitable than that of most of his predecessors. There were, on the whole, only five or six such instances of rigor during the course of fifteen years which elapsed before the meeting of the Long Parliament. And it is also certain that scandal against the great, though seldom prosecuted at present, is, however, in the eye of the law, a great crime, and subjects the offender to very heavy penalties. There are other instances of the high respect paid to the ^2 RuBliworth, vol. ii. p. 2t'0. Vol. iii. App. p. 106. 153 RuBhwortli, vol. iii. p. 333. Fraiiklyn, p. 478. « May p. 16. ^^ Strafford's Letters and Despatnlies, vol. ii. p. 117. * « RusUworth, vol. ii. p. 270. m Eushworth, vol. ii. p. 269. HISTORY OF ENGLAND. Iii7 hobility and to the great in that age — when the powers of monarchy, though disputed, still maintained themselves in their pristine vigor. Clarendon °' tells us a pleasant incident to this purpose : A waterman belonging to a man of quality, having a squabble with a citizen about his fare, showed his badge, the crest of his master, which happened to be a swan, and thence insisted on better treatment from the citizen. But the other replied cai'elessly that he did not trouble his head about that goose. For this offence he was summoned before the marshal's court; was fined, as having oppro- briously defamed the nobleman's crest, by calling the swan a goose ; and was, in effect, reduced to beggary. Sir Richard Granvile had thought himself ill-used by the Earl of Suffolk in a lawsuit, and he was accused before the Star-chamber of having said of that nobleman that he was a base lord. The evidence against him was somewhat lame ; yet for this slight offence, insufficiently proved, he was con- demned to pay a fine of eight thousand pounds — one half to the earl, the other to the king.'' Sir George Markham, following a chase where Lord Darcy's huntsman was exercising his hounds, kept closer to the dogs than was thought proper by the huntsman, who, besides other rudeness, gave him foul language, which Sir George returned with a stroke of his whip. The fellow threatened to complain to his master. The knight replied, if his master should justify such insolence he would serve him in the same manner, or words to that effect. Sir George was summoned before the Star-chamber, and fined ten thousand pounds. " So fine a thing was it in those days to be a lord ! " a natural reflection of Lord Lansdown's in re- lating this incident.™ The people, in vindicating their liberties from the authority of the crown, threw off also the yoke of the nobility. It is proper to remark that this last incident happened early in the reign of James. The present practice of the Star-chamber was far from being an innovation, though the present disposition of the people made them repine more at this servitude. [1635.] Charles had imitated the example of Elizabeth and James, and had issued proclamations forbidding the landed gentlemen and the nobility to live idly in London, ''8 Life of Clarendon, vol. i. p. 72, co Lord Lansdown, p. 514. "" Lord Lansdown, p. 5X5. This story is told diiferently in Hobart's Reports, p. 120. It there appears that Markham was lined only live hundred pounds, and very deservedly, for he gave the lit and wrote a challenge to Lord Darcy, James was anxious to discourage the practice of duelling, which was then prevalent. 198 HISTORY OP ENGLAND, and ordering them to retire to their country-seats.^* For disobedience to this edict many were indicted by the attor- ney-general, and were fined in the Star-chamber.'''' This occasioned discontents ; and the sentences were complained of as illegal. But if proclamations had authority, of which nobody pretended to doubt, must they not be put in execu- tion ? In no instance, I must confess, does it more evidently appear what confused and uncertain ideas were, during that age, entertained concerning the English constitution. Ray, having exported f uller's-earth contrary to the king's proclamation, was, besides the pillory, condemned in tlie Star-chamber to a fine of two thousand pounds."' Like fines were levied on Terry, Eman, and others for disobeying a proclamation which forbade the exportation of gold.'^^ In order to account for the subsequent convulsions, even these incidents are not to be overlooked as frivolous or contempt- ible. Such severities were afterwards magnified into the greatest enormities. There remains a proclamation of this year prohibiting hackney-coaches from standing in the street."^ We are told that there were not above twenty coaches of that kind in London. There are at present near eight hundred. [1636.] The effect of ship-money began now to appear. A formidable fleet of sixty sail, the greatest that England had ever known, was equipped under the Earl of Northum- berland, who had orders to attack the herring-busses of the Dutch, which fished in what were called the British seas. The Dutch were content to pay thirty thousand pounds for a license during this year. They openly denied, however, the claim of dominion in the seas beyond the friths, bays, and shores ; and it may be questioned whether the laws of nations warrant any further pretensions. This year the king sent a squadron against Sallee, and, with ihe assistance of the Emperor of Morocco, destroyed that receptacle of pirates, by whom the English commer<;e, and even the English coasts, had long been infested. [1637.] Burton, a divine, and Bastwick, a physician, were tried in the Star-chamber for seditious and schismatioal libels, and were condemned to the same punishment that had been inflicted on Prynne. Prynne himself was tried for a new offence ; and, together with another fine of five »' Eushworth, vol. ii. p. 144. os Rushworth, vol. ii. p. 288. la Rushworth, vol. ii. p. ,S48. 04 Kushwonh, vol. ii. p. 350- «5 liuBhworth, vol. ii. p. 316. . HISTORY OP EI5GLAJID. 199 thousand pounas, was oondemned to lose what remained of his ears. Besides that these writers had attacked with great severity, and even an intemperate zeal, the ceremonies, rites, and government of the Church, the very answers which they gave into the court were so full of contumacy and invectives against the prelates that no lawyer could be pre- vailed on to sign them.*° The rigors, however, which they underwent, being so unworthy men of their profession, gave general offence ; and the patience, or rather alacrity, with which they suffered increased still further the indignation of the public." The severity of the Star-chamber, which was generally ascribed to Laud's passionate disposition, was, perhaps, in itself somewhat blamable, but will naturally to us appear enormous who enjoy, in the utmost latitude, that liberty of the press which is esteemed so necessary in every monarchy confined by strict legal limitations. But as these limitations were not regularly fixed during the age of Charles, nor at any time before, so was this liberty totally unknown, and was generally deemed, as well as religious toleration, incompatible with all good government. No age or nation among the moderns had ever set an example of such an indulgence; and it seems unreasonable to judge of the measures embraced during one period by the maxims which prevail in another. Burton, in his book where he complained of innovations, mentioned, among others, that a certain Wednesday had been appointed for a fast, and that the fast was ordered to be celebrated without any sermons.^* The intention, as he pretended, of that novelty was, by the example of a fast without sermons, to suppress all the Wednesday's lectures in London. It is observable that the Church of Rome and that of England, being both of them lovers of form and cei-emony and order, are more friends to prayer than preaching; while the puritanical sectaries, who find that the latter method of address, being directed to a numerous audience present and visible, is more inflaming and animat- ing, have always regarded it as the chief part of divine ser- vice. Such circumstances, though minute, it may not be improper to transmit to posterity, that those who are curi- ous of tracing the history of the human mind may remark how far its several singularities coincide in different ages. «« Kushworth, vol. ii. pp. -381, 382, etc. State Trials, TOl. v- p. 66. " State Trials, vol. v. p. 80. «« State Trials, vol. v. p. 74. Franklyn, p. 839. 20O HISTOEY OP ENGLAND. Certain zealots had erected themselves into a society for buying in of impropriations and transferring them to the Church ; and great sums of money had been bequeathed to the society for these purposes. But it was soon observed that the only use which they made of their funds was to establish lectures in all the considerable churches — men who, without being subjected to episcopal authority, employed themselves entirely in preaching and spreading the fire of Puritanism. Laud took care, by a decree which was passed in the court of exchequer, and which was much complained of, to abolish this society and stop their progress.^' It was, however, still observed that throughout England the lec- turers were all of them puritanically affected ; and from them the clergymen, who contented themselves with read- ing prayers and homilies to the people, commonly received the reproachful appellation of " dumb dog." The Puritans, restrained in England, shipped themselves off for America, and laid there the foundations of a govern- ment which possessed all the liberty, both civil and religious, of which they found themselves bereaved in their native country. But their enemies, unwilling that they should anywhere enjoy ease and contentment, and dreading per- haps the dangerous consequences of so disaffected a colony, prevailed on the king to issue a proclamation debarring these devotees access even into those inhospitable deserts,'" Eight ships, lying in the Thames, and ready to sail, were detained by order of the council ; and in these were embarked Sir Arthur Hazelrig, John Hambden, John Pym, and Oliver Cromwell," who had resolved forever to abandon their na- tive country and fly to the other extremity of the globe, where they might enjoy lectures and discourses of any length or form which pleased them. The king had after- wards full leisure to repent this exercise of his authority. , The Bishop of Norwich, by rigorously insisting on uni- formity, had banished many industrious ti-adesmen from tiiat city, and chased them into Holland.'^ The Dutch began to be more intent on commerce than on orthodoxy; and Suffe5nSTLaiJ,%"2?j;2ll"' '"^ '^""°*^' "■ ''■ ^'^'°^ "' *^« ^'^ ■"«» " Kushworth, Tol. ii. pp. 409, 418. '■ MathCT'8 History of New England, bk.i. Bngdale. Bates. Hutchinson's Histoij of MaBsachusetts Bay, vol. i. p. 42. This last-quoted author puts the fact beyond controversy. And it is a cunons fact, as well with regard to the charac ters of the men as of the tames. C:m any one doubt that the eiisuino quarrel wiw almost entirely theological, not political ? Whatmight be expected" of the popu- lace, when such was the character of the most enlightened leaders ? « May, p. 82. ° HISTOBT OF ENGLAiro. 201 thought that the knowledge of useful arts and obedience to the laws formed a good citizen, though attended with errors in subjects where it is not allowable for human nature to expect any positive truth or certainty. Complaints about this time were made that the Petition of Right was in some instances violated, and that, upon a commitment by the king and council, bail or releasement had been refused to Jennings, Pargiter, and Danvers.'^ Williams, Bishop of Lincoln, a man of spirit and learn- ing, a popular prelate, and who had been lord keeper, was fined ten thousand pounds by the Star-chamber, committed to the Tower during the king's pleasure, and suspended from his oiRce. This severe sentence was founded on frivol- ous pretences, and was more ascribed to Laud's vengeance than to any guilt of the bishop.'* Laud, however, had owed his first promotion to the good offices of that prelate with King James. But so implacable was the haughty primate that he raised up a new prosecution against Williams on the strangest pretence imaginable. In order to levy the fine above mentioned, some officers had been sent to seize all the furniture and books of his episcopal palace of Lincoln ; and, in rummaging the house, they found in a corner some neglected letters, which had been thrown by as useless. These letters had been written by one OsbaldistonCj a school- master, and were directed to Williams. Mention was there made of " a little great man ; " and in another passage the same person was denominated " a little urchin." By infer- ences and constructions, these epithets were applied to Laud ; and on no better foundation was Williams tried anew, as having received scandalous letters and not discov- ering that private correspondence. For this offence an- other fine of eight thousand pounds was levied on him. Osbaldistone was likewise brought to trial and condemned to pay a fine of five thousand pounds, and to have his ears nailed to the pillory before his own school. He saved him- self by flight ; and left a note in his study, wherein he said "that he was gone beyond Canterbury."" These prosecutions of Williams seem to have been the most iniquitous measure pursued by the court during the time that the use of parliaments was suspended. Williams had been indebted for all his fortune to the favor of James ; but having quarrelled, first with Buckingham, then with 's Eushworth, vol. ii. p. 414- " Rushworth, vol. ii. p. 416, etc. 's Eushworth, vol. ii. p. 803, etc. Whitlocke, p. 25. 202 HISTOET OP ENGLAND. Laud, he threw himself into the country party, and with great firmness and vigor opposed all the measures of the king. A creature of the court to become its obstinate enemy, a bishop to countenance Puritans — these circum- stances excited indignation, and engaged the ministers in those severe measures. Not to mention what some writers relate, that, before the sentence was pronounced against him, Williams was offered a pardon upon his submission, which he refused to make. The court was apt to think that so refractory a spirit must by any expedient be broken and subdued. In a former trial which Williams underwent '^ (for these were not the first), there was mentioned, in court, a story which, as it discovers the genius of parties, may be worth relating. Sir John Lambe, urging him to prosecute the Puritans, the prelate asked what sort of people these same Puritans were ? Sir John replied " that to the world they seemed to be such as would not swear, whore, or be drunk ; but they would lie, cozen, and deceive ; that they would frequently hear two sermons a day, and repeat them too, and that sometimes they would fast all day long." This character must be conceived to be satirical ; yet it may be allowed that that sect was more averse to such irregularities as proceed from the excess of gayety and pleasure than to those enormities which are the most destructive of society. The former were opposite to the very genius and spirit of their religion ; the latter were only a transgression of its precepts ; and it was not difficult for a gloomy enthusi.ast to convince himself that a strict observance of the one would atone for any violation of the other. In 1632, the treasurer, Portland, had insisted, with the vintners, that they should submit to a tax of a penny a quart upon all the wine which they retailed ; but they rejected the demand. In order to punish them, a decree suddenly, without much inquiry or examination, passed in the Star- chamber prohibiting them to sell or dress victuals in their houses."'' Two years after, they were questioned for the breach of this decree ; and in order to avoid punishment, they agreed to lend the king six thousand pounds. Being threat- ened, during the subsequent years, with fines and prosecu- tions, they at last compounded the matter, and submitted to pay half of that duty which was at first demanded of ™ Eushworth, vol, ii. p. 416. HISTORY OF ENGLAND. 203 themJ' It required little foresight to perceive that the king's right of issuing proclanaations must, if pi'osecuted, draw on a power of taxation. Lilburne was accused before the Star-chamber of pub- lishing and dispersing seditious pamphlets. He was ordered to be examined ; but refused to take the oath usual in that court, that he would answer interrogatories even though they might lead him to accuse himself. For this contempt, as it was interpreted, he was condemned to be whipped, pilloried, and imprisoned. While he was whipped at the cart, and stood on the pillory, he harangued the populace, and declaimed violently against the tyranny of bishops. From his pockets also he scattered pamphlets, said to be seditious, because they attacked the hierarchy. The Star- chamber, which was sitting at that very time, ordered him immediately to be gagged. He ceased not, however, though both gagged and pilloried, to stamp with his foot and ges- ticulate, in order to show the people that, if he had it in his power, he would still harangue them. This behavior gave fresh provocation to the Star-chamber ; and they condemned him to be imprisoned in a dungeon, and to be loaded with irons.'' It was found difficult to break the spirits of men who placed both their honor and their conscience in suffer- ing. The jealousy of the Church appeared in another instance less tragical. Archy, the king's fool, who by his office had the privilege of jesting on his master and the whole court, happened unluckily to try his wit upon Land, who was too sacred a person to be played* with. News having arrived from Scotland of the first commotions excited by the liturgy, Archy, seeing the primate pass by, called to him, "Who's fool now, my lord?" For this offence Archy was ordered, by sentence of the council, to have his coat pulled over his head, and to be dismissed the king's service.*" Here is another instance of that rigorous subjection in which all men were held by Laud. Some young gentlemen of Lincoln's-inn, heated by their cups, having drunk confu- sion to the archbishop, were, at his instigation, cited before the Star-chamber. They applied to the Earl of Dorset for protection. " Who bears witness against you ? " said Dorset. " One of the drawers," they said. " Where did he stand when you were supposed to drink this health ? " subjoined '8 Rushworth, vol. ii. p. ioL. '" Rushwortli, vol. ii. pp. 465, 466, 467. 89 Eushwoitb, vol. ii. p. 470. Welwood, p. 278. 204 HISTOET OF ENGLAiro. the earl. " He was at the door," they replied, " going out of the room." " Tush ! " he cried, " the draper was mistaken ; you drank confusion to the Archbishop of Canterbury's enemies ; and the fellow was gone before you pronounced the last word." This hint supplied the young gentlemen with a new method of defence ; and, being advised by Dorset to behave with great humility and great submission to the primate, the modesty of their carriage, the ingenuity of their apology, with the patronage of that noble lord, saved them from any severer punishment than a reproof and admonition, with which they were dismissed.*^ This year John Hambden acquired, by his spirit and courage, universal popularity throughout the nation, and has merited great renown with posterity for the bold stand which he made in defence of the laws and liberties of his country. After the imposing of ship-money, Charles, in order to discourage all opposition, had proposed this question to the judges : " Whether in a case of necessity, for the de- fence of the kingdom, he might not impose this taxation ; and whether he was not sole judge of the necessity ? " These guardians of law and liberty replied, with great complai- sance, " that in a case of necessity he might impose that tax- ation, and that he was sole judge of the necessity." ''^ Hamb- den had been rated at twenty shillings for an estate which he possessed in the county of Buckingham ; yet, notwith- standing this declared opinion of the judges, notwithstand- ing the great power and sometimes rigorous maxims of the crown, notwithstanding the small prospect of relief from Parliament, he resolved, ratlter than tamely submit to so illegal an imposition, to stand a legal prosecution, and ex- pose himself to all the indignation of the court. The case was argued during twelve days in the Exchequer chamber before all the judges of England ; and the nation regarded with the utmost anxiety every circumstance of this cele- brated trial. The event was easily foreseen ; but the prin- ciples and reasonings and behavior of the parties engaged ift the trial were much canvassed and inquired into, and noth- ing could equal the favor paid to the one side except the hatred which attended the other. It was urged by Hambden's counsel and by his partisans in the nation that the plea of necessity was in vain intro- duced into a trial of law, since it was the nature of necessity ^ 81 Rushworth, vol. iii. p. 180. ea Kuahworth, vol. ii. p. 365. Whitlooke, p. 21. HISTOET OP ENGLAND, 205 to abolish all law, and, by irresistible yiolence, to dissolve all the weaker and more artificial ties of human society. Not only the prince in cases of extreme distress, is exempted from the ordinary rules of administration, all orders of men are then levelled ; and any individual may consult the pub- lic safety by any expedient which his situation enables him to employ. But to produce so violent an effect, and so hazardous to every community, an ordinary danger or dif- ficulty is not sufficient, much less a necessity which is merely fictitious and pretended. Where the peril is urgent and extreme, it will be palpable to every member of the society ; and, though all ancient rules of government are in that case abrogated, men will readily of themselves submit to that irregular authority which is exerted for their preservation. But what is there in common between such suppositions and the present condition of the nation ? England enjoys a profound peace with all her neighbors, and, what is more, all her neighbors are engaged in furious and bloody wars among themselves, and by their mutual enmities further in- sure her tranquillity. The very writs themselves which are issued for the levying of ship-money contradict the supposi- tion of necessity, and pretend only that the seas are infested with pirates — a slight and temporary inconvenience which may well await a legal supply from Parliament. The writs likewise allow several months for equipping the ships, which proves a very calm and deliberate species of necessity, and one that admits of delay much beyond the forty days req- uisite for summoning that assembly. It is strange, too, that an extreme necessity which is always apparent and usually comes to a sudden crisis should now have continued without interruption for near four years, and should have remained during so long a time invisible to the whole king- dom. And as to the pretension that the king is sole judge . of the necessity, what is this but to subject all the privileges of the nation to his arbitrary will and pleasure ? To expect that the public will be convinced by such reasoning must aggravate the general indignation by adding to violence against men's persons and their property so cruel a mockery of their understanding. In vain are precedents of ancient writs produced : these writs, when examined, are only found to require the seaports, sometimes at their own charge, sometimes at the charge of the counties, to send their ships for the defence of the nation. .Even the prerogative which' empowered the crown to issue 206 HISTORY OF ENGLAND. ' such writs is abolished, and its exercise almost entirely dis- continued from the time of Edward III. ; ^^ and all the authority which remained or was afterwards exercised was to press ships into the public service, to be paid for by the public. How wide are these precedents from a power of obliging the people, at their own charge, to build new ships, to victual and pay them for the public — nay, to famish money to the crown for that purpose ! What security either against the further extension of this claim or against diverting to other purposes the public money so levied ? The plea of necessity would warrant any other taxation as well as that of ship-money; wherever any difficulty shall occur, the pdministration, instead of endeavoring to elude or overcome it by gentle and prudent measures, will instantly represent it as a reason for infringing all ancient laws and institutions ; and if such maxims and such practices prevail, what has become of national liberty? — what authority is left to the great charter, to the statutes, and to that very Peti- tion of Right which, in the present reign, had been so sol- emnly enacted by the concurrence of the wliole legislature ? The defenceless condition of the kingdom while unpro- vided with a navy ; the inability of the king, from his estab- lished revenues, with the utmost care and frugality, to equip and maintain one ; the impossibility of obtaining, on reasonable terms, any voluntary supply from Parliament — all these are reasons of state, not topics of law. If these reasons appear to the king so urgent as to dispense with the legal rules of government, let him enforce his edicts by his court of Star-chamber, theproper instrument of irregular and absolute power ; not prostitute the character of his judges by a decree which is not, and cannot possibly be, legal. By this means the boundaries, at least, will be kept more distinct between ordinary law and extraordinary exer- tions of prerogative ; and men will know that the national constitution is only suspended during a present and difficult emergency, but has not undergone a total and fundamental alteration. Notwithstanding these reasons, the prejudiced judges, four ** excepted, gave sentence in favor of the crown. Hambden, however, obtained by the trial the end for which he had so generously sacrificed his safety and his quiet : " state Trials, vol. v. pp. 245, 255. " See State Trials, art. Ship-money, -whieh contains tie speeches of lour Judges in favor of Hambden. HISTORY OF ENGLAND, 207 the people were roused from their lethargy, and became sensible of the danger to which their liberties were ex- posed. These national questions were canvassed in every company ; and the more they were examined, the more evidently did it appear to many that liberty was totally subverted, and an unusual and arbitrary authority exer- cised over the kingdom. Slavish principles, they said, concur with illegal practices; ecclesiastical tyranny gives aid to civil usurpation ; iniquitous taxes are supported by arbitrary punishments ; and all the privileges of the nation, transmitted through so many ages, secured by so many laws, and purchased by the blood of so many heroes and pa- triots, now lie prostrate at the feet of the monarch. What though public peace and national industry increased the com- merce and opulence of the kingdom ? This advantage was temporary, and due alone, not to any encouragement given by the crown, but to the spirit of the English, the remains of their ancient freedom. What though the personal char- acter of the king, amid all his misguided counsels, might merit indulgence, or even praise ? He was but one man ; and the privileges of the people, the inheritance of millions, were too valuable to be sacrificed to his prejudices and mis- takes. Such, or more severe, were the sentiments promoted by a great party in the nation. No excuse on the king's part, or alleviation, how reasonable soever, could be heark- ened to or admitted; and to redress these grievances, a Parliament was impatiently longed for ; or any other inci- dent, however calamitous, that , might secure the people against those oppressions which they felt, or the greater ills which they apprehended, from the combined encroachments of Church and State. 208 HISTOET OF ENGLAND. V CHAPTER LIII. DISCONTENTS IN SCOTLAND. INTEODUCTION OP THE CANONS AND LITtJEGT. A TUMULT AT EDINBUEGH. THE COVE- NANT. A GENERAL ASSEMBLY. EPISCOPACY ABOLISHED. WAE. A PACIFICATION. EBNEWAL OF THE WAE. — FOUETH ENGLISH PABLIAMENT. DISSOLUTION. DISCON- TENTS IN ENGLAND. EOUT AT NEWBUEN. TEEATT OF EIPPON. GEEAT COUNCIL OF THE PEERS. [1637.] The grievances under which the English la- bored, when considered in themselves, without regard to the constitution, scarcely deserve the name ; nor were they either burdensome on the people's properties or any way shocking to the natural humanity of mankind. Even the imposition of ship-money, independent of the consequences, was a great and evident advantage to the public, by the ju- dicious use which the king made of the money levied by that expedient. And though it was justly apprehended that such precedents, if patiently submitted to, would end in a total disuse of parliaments and in the establishment of arbitrary authority, Charles dreaded no opposition from the people, who are not commonly much affected with consequences, and require some striking motive to engage them in a resist- ance of established government. All ecclesiastical affairs were settled by law and uninterrupted precedents ; and the XZ!hurch was become a considerable barrier to the power, ' both legal and illegal, of the crown. Peace too, industry, commerce, opulency — nay, even justice and lenity of admin- istration, notwithstanding some very few exceptions — all these were enjoyed by the people ; and every other blessing of government, except liberty, or rather the present exercise • of liberty, and its proper security.^ It seemed probable, therefore, that affairs might long have continued on the same footing in England had it not been for the neighborhood of /Scotland, a country more turbulent, and less disposed to submission and obedience. It was thence the commotions I Clarendon, pp. 74, 75. May, p. 18. Warwick, p. 62. HISTORY OF ENGLAND. 209 first arose ; and it is thei-efoi-e time for us to return thither, and to give an account of the state of affairs in that kingdom. Though the pacific and not unskilful government of James, and the great authority vi^hich he had acquired, had much allayed the feuds among the great families, and had established law and order throughout the kingdom, the Scot- tish nobility were still possessed of the chief power and in- fluence over the people. Their property was extensive ; their hereditary jurisdictions and the feudal tenures in- creased their authority ; and the attachment of the gentry to the heads of families established a kind of voluntary ser- vitude under the chieftains. Besides that long absence had much loosened the king's connections with the nobility, who resided chiefly at their country-seats, they were in general at this time, though from slight causes, much disgusted with the court. Charles, from the natural piety or super- -stition xof his temper, was extremely attachedto the Ecclesi- astics ; and as it is natural for men to persuade themselves that their interest coincides with their inclination, he had established it as a fixed maxim of policy to increase the power and authority of that order.' The prelates, he thought, established regularity and discipline among the clergy ; the clergy inculcated obedience and loyalty among the people ; and as that rank of men had no separate authority, and no dependence but on the crown, the royal power, it would seem, might, with the greater safety, be intrusted~in their hands. Many of the prelates, therefore, were raised to the chief dignities of the state ; ^ Sj)otswood, Archbishop of St. Andrew's, was created chancellor ; nine of the bishops were privy-councillors j the Bishop of Ross aspired to the ofiice of treasurer; some of the prelates possessed places in the exchequer ; and it was even endeavored to revive the first institution of the college of justice, and to share equally be- tween the clergy and laity the whole judicial authority.' These advantages possessed by the Church, and which the bishops did not always enjoy with suitable modesty, dis- gusted the haughty nobility, who, deeming themselves much superior in rank and quality to this new order of men, were displeased to find themselves inferior in power and influence. Interest joined itself to ambition, and begat a jealousy lest the episcopal sees, which at the Reformation had been pil- laged "by the nobles, should again be enriched at the expense ' Euehwortli, vol. ii. p. 386. May, p. 29. ' Guthry's Memoire, p. 14. Burnet's Mem. pp. 29, 30. x Vol. IV.— 14 210 HISTOET OF ENGLAND. of that order. By a most useful and beneficial law, the im- propriations had already been ravished from the great men : competent salaries had been assigned to the impoverished clergy from the tithes of each parish ; and what remained, the proprietor of the land was empowered to purchase at a low valuation.* The king likewise, warranted by ancient law and practice, had declared for a general resumption of all crown lands alienated by his predecessors ; and though he took no step towards the execution of this project, the very pretensions to such power had excited jealousy and discon- tent.^ Notwithstanding the tender regard which Charles bore to the whole Church, he had been able, in Scotland, to ac- quire only the affection of the superior rank among the clergy. The ministers in general equalled, if not exceeded, the nobility in their prejudices against the court, against the prelates, and against episcopal authority.^ Though the es- tablishment of the hierarchy might seem advantageous to the inferior clergy, both as it erected dignities to which all of them might aspire, and as it bestowed a lustre on the whole body, and allured men of family into it, these views had no influence on the Scottish ecclesiastics. In the pres- ent disposition of men's minds, there was another circum- stance which drew consideration and counterbalanced power and riches, the usual foundations of distinction among men ; and that was the fervor of piety, and the rhetoric, however ! barbarous, of religious lectures and discourses. Checked by the prelates in the license of preaching, the clergy regarded episcopal jurisdiction botli as a tyranny and a usurpation, and maintained a parity among ecclesiastics to be a divine privilege which no human law could alter or infringe. While such ideas prevailed, the most moderate exercise of author- ity would have given disgust, much more that extensive power which the king's indulgence encouraged the prelates /to assume. The jurisdiction of presbyteries, synods, and / other democratical courts was, in a manner, abolished by the \ bishops, and the general assembly itself had not been sum- moned for several years.' A new oath was arbitrai-ily im- posed on intrants, by which they swore to observe the ar- ticles of Perth, and submit to the liturgy and canons. And, in a word, the whole system of Church government, during * King's Declaration, p. 7. Franklyn, p. 611. » King's Declaration, p. 6. o Burnet's Mem. pp. 29. 30. , ' May, p. 29. ^^ ' "f HISTOEY OF ENGLAND. 211 a course of thirty years, had been changed by means of the innovations introduced by James and Charles. The people, under the influence of the nobility and clergy, could not fail to partake of the discontents which prevailed among these two orders ; and where real grounds of complaint were wanting, they greedily laid hold of im-, aginary ones. The same horror against popery with which / the English Puritans were possessed was observable among the populace in Scotland ; and among these, as being more uncultivated and uncivilized, seemed rather to be inflamed into a higher degree of ferocity. The genius of religion which prevailed in the court and among the prelates was of an opposite nature ; and having some affinity to the Romish worship, led them to mollify, as much as possible, these severe prejudices, and to speak of the Catholics in more charitable language and with more reconciling expressions. From this foundation, a panic fear of popery was easily raised ; and every new ceremony or ornament introduced into divine service was part of that great mystery of iniquity which, from the encouragement of the king and the bishops, was to overspread the nation.^ The few innovations which James had made were considered as preparatives to this grand design ; and the further alterations attempted by Charles were represented as a plain declaration of his inten- tions. Through the whole course of this reign nothing had more fatal influence, in both kingdoms, than this groundless apprehension whidh with so much industry was propagated and with so much credulity was embraced by all ranks of men. Amid these dangerous complaints and terrors of relig- ious innovation, the civil and ecclesiastical liberties of the nation were imagined, and with some reason, not to be alto- gether free from invasion. The establishment of the high commission by James, without any authority of law, seemed a considerable en- croachment of the crown, and erected the most dangerous and arbitrary of all courts by a method equally dangerous and arbitrary. All the steps towards the settlement of episcopacy had, indeed, been taken with consent of Parlia- ment : the articles of Perth were confirmed in 1621 ; in 1633 the king had obtained a general ratification of every ecclesiastical establishment. But these laws had less au- thority with the nation, as they were known to have passed ' Burnet'a Mem. pp. 29, 30, 31. 212 HISTORY OF ENGLAND. contrary to tbe sentiments even of those who voted for them, and were in reality extorted by the authority and im- portunity of the sovereign. The means, however, which ^both James and Charles had emijloyed in order to influence the Parliament were entirely regular ; and no reasonable pretence had been afforded for representing these laws as null or invalid. ij But there prevailed among the greater part of the na- tion another principle, of the most important and most dangerous nature, and which, if admitted, destroyed entirely the validity of all such statutes. The ecclesiastical authority was supposed totally independent of the civil ; and no act of Parliament, nothing but the consent of the Church itself, was represented as sufficient ground for the introduction of any change in religious worship or discipline. And though James had obtained the vote of assemblies for receiving episcopacy and his new rites, it must be confessed that such irregularities had prevailed in constituting these ecclesiasti- cal courts, and such violence in conducting them, that there were some grounds for denying the authority of all their acts. Charles, sensible that an extorted consent, attended with such invidious circumstances, would rather be preju- dicial to his measures, had wholly laid aside the use of as- semblies, and was resolved, in conjunction with the bishops, to govern the Church by an authority to which he thought himself fully entitled and which he believed inherent in the crown. I The king's great aim was to complete the work so hap- pily begun by his father — to establish discipline upon a reg- ular system of canons, to introduce a liturgy into public worship, and to render the ecclesia.stical government of all j; his kingdoms regular and uniform. Some views of policy 'might move him to this undertaking ; but his chief motives were derived from principles of zeal and conscience. The canons for establishing ecclesiastical jurisdiction were promulgated in 1635 ; and were received by the na^ tion, though without much appearing opposition, yet with great inward apprehension and discontent. Men felt dis pleasure at seeing the royal authority highly exalted by them, and represented as absolute and uncontrollable. They saw these speculative principles reduced to practice, and a whole body of ecclesiastical laws established without any previous consent either of Church or State.' They » Clarendon, vol. i. p. 106 HISTORY OF ENGLAND. 213 dreaded lest^ by a parity of reason, like arbitrary authority, from like pretences and principles, would be assumed in civil matters ; they remarked that the delicate boundaries which separate Church and State were already passed, and many civil ordinances established by the canons, under color of ecclesiastical institutions ; and they were apt to deride the negligence with which these important edicts had been compiled, when they found that the new liturgy or service-book was everywhere, under severe penalties, en- joined by them, though it had not yet been composed or published.^" It was, however, soon expected ; and in the reception of it, as the people are always most affected by what is external and exposed to the senses, it was appre- hended that the chief difficulty would consist. The liturgy which the king, from his own authority, imposed on Scotland was copied from that of England ; but lest a servile imitation might shook the pride of his an- cient kingdom, a few alterations, in order to save appear-" ances, were made in it; and in that shape it was trans- | mitted to the bishops at Edinburgh." But the Soots had universally entertained a notion that, though riches and worldly glory had been shared out to them with a sparing hand, they could boast of spiritual treasures more abundant and more genuine than were enjoyed by any nation under heaven. Even their southern neighbors, they thought, though separated from Rome, still retained a great tincture of the primitive pollution, and their liturgy was represented as a species of mass, though with some less show and em- broidery.^^ Great prejudices, therefore, were entertained against it, even considered in itself, much more when re- garded as a preparative which was soon to introduce into Scotland all the abominations of popery. And as the very few alterations which distinguish the new liturgy from the English seemed to approach nearer to the doctrine of the real presence, this circumstance was deemed an undoubted confirmation of every suspicion with which the people were possessed. ^° Easter-day was, by proclamation, appointed for the first reading of the service in Edinburgh ; but in oi'der to judge more surely of men's dispositions, the council delayed the matter till the 23d of July ; and they even gave notice, the 10 Clarendon, vol. i. p. 105. " King's Deel. p. 18. May, p. 32. >2 King's Decl. p. 20. 13 Burnet's Mem. p. 31. Eusliworth, vol. ii. p. 396. Maj', p. 31. 214 HISTOKY OP ENGLAND. Sunday oefore, of their intention to commence the use of the new litui-gy. As no considerable symptoms of discontent appeared, they thought that they might safely proceed in their purpose ; " and accordingly, in the cathedral church of St. Giles, the Dean of Edinburgh, arrayed in his surplice, began the service, the bishop himself and many of the privy council being present. But no sooner had the dean opened the book than a multitude of the meanest sort, most of them women, clapping their hands, cursing, and crying out, " A pope ! a pope ! Antichrist ! stone him ! " raised such a tumult that it was impossible to proceed with the service. The bishop, mounting the pulpit in order to ap- pease the populace, had a stool thrown at him ; the council was insulted ; and it was with difficulty that the magis- trates were able, partly by authority, partly by force, to expel the rabble and to shut the doors against them. The tumult, however, still continued without; stones were thrown at the doors and windows ; and when the service was ended, the bishop, going home, was attacked, and nar- I'owly escaped from the hands of the enraged multitude. In the afternoon, the privy seal, because he carried the bishop in his coach, was so pelted with stones, and hooted at with execrations, and pressed upon by the eager popu- lace, that if his servants, with drawn swords, had not kept them off, the bishop's life had been exposed to the utmost danger.'^ Though it was violently suspected that the low popu- lace, who alone appeared, had been instigated by some of higher condition, yet no proof of it could be produced ; and every one spake with disapprobation of the licentious- ness of the giddy multitude.^* It was not thought safe, however, to hazard a new insult by any new attempt to read the liturgy ; and the people seemed for the time to be appeased and satisfied. But it being known that the king still persevered in his intentions of imposing that mode of worship, men fortified themselves still further in their preju- dices against it ; and great multitudes resorted to Edin- burgh, in order to oppose the introduction of so hated a novelty." It was not long before they broke out in the most violent disorder. The Bishop of Galloway was at- tacked in the streets and chased into the chamber where the " King's Bed. p. 22. Clarendon, vol, i. p. ]08. Rusliwortli, vol. ii. p. 387. IS King's Decl. pp. 23, 24, 25. Ruehwortll, vol. ii. p. 388. M King's Decl. pp- 26, 30. Clarendon, vol. i. p. 109. " King's Decl. p. 32. Eusliworlli, vol. il. p. 400. HISTOET OF ENGLAND. 215 privy council was sitting. The council itself was besieged and violently attacked ; the town council met with the same fate ; and nothing could have saved the lives of allof them but their application to some popular lords, who protected them and dispersed the multitude. In this sedition the actors were of some better' condition than in the former, though nobody of rank seemed as yet to countenance them." All men, however, began to unite and to encourage each other in opposition to the _religiQus_innQva.ti&ns introduced into the kingdom. Petitions to the council were signed and presented by persons of the highest quality. The women took part, and, as was usual, with violence. The clergy everywhere loudly declaimed against popery and the liturgy, which they represented as the same. The pulpits resounded with vehement invectives against Antichrist ; and the populace who first opposed the service was often com- pared to Balaam's ass, an animal in itself stupid and sense- less, but whose mouth had been opened by the Lord to the almiration of the whole world.'^ In short, fanaticism mingling with faction, private interest with the spirit of liberty, symptoms appeared on all hands of the most dan- gerous insurrection and disorder. The primate, a man of wisdom and prudence, who was all along averse to the introduction of the liturgy, repre- sented to the king the state of the nation. The Earl of Traquaire, the treasurer, set out for London in order to lay the matter more fully before Iiim. Every circumstance, whether the condition of England or of Scotland were con- sidered, should have engaged him to desist from so haz- 3 ardous an attempt; yet was Charles inflexible. In his ; whole conduct of this affair there appear no marks of the | good sense with which he was endowed — a lively instance i of that species of character so frequently to be met with, I where there are found parts and judgment in every dis- course and opinion, in many actions indiscretion and im- ,. prudence. Men's views of things are the result of their understanding alone. Their conduct is regulated by their ' understanding, their temper, and their passions. [1638.] To so violent a combination of a whole king- dom Charles had nothing to oppose but a proclamation, in which he pardoned all past offences, and exhorted the peo- ple to be more obedient for the future, and to submit peace- " King's Decl. pp. 35, 36. Kashwortl), vol. ii. p. 404. " King's Deel. n. 31, 216 HISTORY OP ENGLAND. ably to the use of the liturgy. This proclamation was in- stantly encountered with a public protestation, presented by the Earl of Hume and Lord Lindesey ; and this was the first time that men of quality had appeared in any violent act of opposition.^" But this proved a crisis. The insur- rection, which had been advancing by a gradual and slow progress, now blazed up at once. No disorder, however, attended it. On the contrary, a new order immediately took place. Four tables, as they were called, were formed in Edinburgh. One consisted of nobility, another of gentry, a third of ministers, a fourth of burgesses. The table of gentry was divided into many subordinate tables, according to their different counties. In the hands of tho four tables the whole authority of the kingdom was placed. Orders were issued by them, and everywhere obeyed with the ut- most ]-egularity.^^ And among the fii-st acts of their gov- ernment was the production of the Covenant. This famous covenant consisted first of a renunciation of popery, formerly signed by James in his youth, and com- posed of many invectives fitted to inflame the minds of men against their fellow-creatures, whom Heaven has en- joined them to cherish and to love. There followed a bond of union by which the subscribers obliged themselves to re- sist religious innovations, and to defend each other against all opposition whatsoever ; and all this for the greater glory of God, and the greater honor and advantage of their king and country .^^ The people, without distinction of rank or condition, of age or sex, flocked to the subscription of this covenant. Few, in their judgment, disapproved of it ; and still fewer durst openly condemn it. The king's ministers and councillors themselves were, most of them, seized by the general contagion. And none but rebels to God and traitors to their country, it was thought, would withdraw themselves from so salutary and so pious a combination. The treacherous, the cruel, the unrelenting Philip, ac- companied with all the terrors of a Spanish Inquisition, was scarcely, during the preceding century, opposed in the Low Countries with more determined fury than was now, by the Scots, the mild, the humane Charles, attended with his in- offensive liturgy. The king began to apprehend the consequences. He 2» King's Decl. pp. 47, 48, etc. G-nthry, p. 28. May, p. 37. 21 Clarendon, vol. i. p. 111. Rushworth, vol. ii. p 734 « King's Decl. pp. 67, 68. Kusliworth, vol. ii. p. 734. May p 38 HISTOKY OP ENGLAND. 217 sent th.e Marquis of Hamilton as commissioner, with au- thority to treat with the Covenanters. He required the covenant to be renounced and recalled ; and he thought that, on his part, he had made very satisfactory concessions when he offered to suspend' the canons and the liturgy till, in a fair and legal way, they could be received, and so to model the high commission that it should no longer give offence to his subjects.^' Such general declarations could not well give content to any, much less to those who carried so much higher their pretensions. The Covenanters found themselves seconded by the zeal of the whole nation. Above sixty thousand people were assembled in a tumultuous man- ner in Edinburgh and the neighborhood. Charles possessed no regular forces in either of his kingdoms. And the dis- contents in England, though secret, were believed so violent that the king, it was thought, would find it very difficult to employ in such a cause the power of that kingdom. The move, therefore, the popular leaders in Scotland considered their situation, the less apprehension did they entertain of royal power, and the more rigorously did they insist on en- tire satisfaction. In answer to Hamilton's demand of re- nouncing the covenant, they plainly told him that they would sooner renounce their baptism.^* And the clei-gy invited the commissioner himself to subscribe it by inform- ing him "with what peace arid, comfort it had filled the hearts of all God's people ; what resolutions and beginnings of reformation of manners were sensibly perceived in all parts of the nation, above any measure they had ever be- fore found or could have expected ; how great glory the Lord had received thereby ; and what confidence they had that God would make Scotland a blessed kingdom." ^ Hamilton returned to London ; made another fruitless journey, with new concessions, to Edinburgh ; returned again to London ; and was immediately sent back with still more satisfactory concessions. The king was now willing entirely to abolish the canons, the liturgy, and the high- commission court. He was even resolved to limit ex- tremely the power of the bishops, and was content if on any terms he could retain that order in the Church of Scot- land.^° And, to insure all these gracious offers, he gave Hamilton authority to summon first an assembly, then a P Eushworth, vol. ii. p. 754, etc. « Kiiig'9 Decl. p. 87. !5 King's Decl. p. 88. Eushworth, vol. ii. p. 751. 2» King's Decl. p. 13T. Eushworth, vol. ii. p. 762. 218 HISTOET OF ENGLAXD. Parliament, where every national grievance might be re- dressed and reniedied. These successive concessions of the king, which yet came still short of the rising demands of the malcontents, discovered his own weakness, encouraged their insolence, and gave no satisfaction. The offer, how- ever, of an assembly and a Parliament, in which they ex- pected to be entirely masters, was willingly embraced by the Covenanters. Charles, perceiving what advantage his enemies had reaped from their covenant, resolved to have a covenant on his side ; and he ordered one to be drawn up for that pur- pose. It consisted of the same violent renunciation of popery above mentioned — which, though the king did not approve of it, he thought it safest to adoj)t in order to re- move all the suspicions entertained against him. As the Covenanters in their bond of mutual defence against all opposition had been careful not to except the king, Charles had formed a bond which was annexed to this renunciation, and which expressed the duty and loyalty of the subscribers to his majesty.^' But the Covenanters, perceiving that this new covenant was only meant to weaken and divide them, received it with the utmost scorn and detestation. And without delay they proceeded to model the future assembly from which such great achievements were expected.^* The genius of that religion which prevailed in Scotland, and which, every day, was secretly gaining ground in Eng- land, was far from inculcating deference and submission to the ecclesiastics, merely as such ; or, rather, by nourishing in every individual the highest raptures and ecstasies of devotion, .it consecrated, in a manner, every individual, and, in his own eyes, bestowed a character on him much superior to what forms and ceremonious institutions could alone confer. The clergy of Scotland, though such tumult was excited about religious worship and discipline, were both poor and in small numbers ; nor are they in general to be considered — at least in the beginning — as the ringleaders of the sedition which was raised on their account. On the contrary, the laity, apprehending, from several instances which occurred, a spirit of moderation in that order, re- solved to domineer entirely in the assembly which was summoned, and to hurry on the ecclesiastics by the same furious zeal with which they were themselves transported.® " King's Decl. p. 140, etc. 28 Rushworth vol ii n 779 " King's Deol. pp. 188, 189. Rushworth, vol. ii. p. 7617 ' ^" " HISTORY OF ENGLAND. 219 It had been usual, before the establishment of prelacy, for each presbytery to send to the assembly, besides two or three ministers, one lay commissioner;*" and as all the boroughs and universities sent likewise commissioners, the lay members in that ecclesiastical court nearly equalled the ecclesiastics. Not only this institution, which James, ap- prehensive of zeal in the laity, had abolished, was now revived by the Covenanters, they also introduced an inno- vation which served still further to reduce the clergy to subjection. By an edict of the tables, whose authority was supreme, an elder from each parish was ordered to attend the presbytery, and to give his vote in the choice both of the commissioners and ministers who should be deputed to the assembly. As it is not usual for the ministers who are put in the list of candidates to claim a vote, all the elections by that means fell into the hands of the laity. The most furious of all ranks were chosen ; and, the more to overawe the clergy, a new device was fallen upon of choosing to every commissioner four or five lay assessors, who, though they could have no vote, might yet interpose with their advice and authority in the assembly.*' The assembly met at Glasgow ; and, besides a great con- course of the people, all the nobility and gentry of any family or interest were present, either as members, asses- sors, or spectators; and it was apparent that the resolutions taken by the Covenanters could here meet with no manner of opposition. A firm determination had been entered into of utterly abolishing episcopacy ; and, as a preparative to it, there was laid before the presbytery of Edinburgh, and solemnly read in all the churches of the kingdom, an accusation against the bishops, as guilty, all of them, of heresy, simony, bribery, perjury, cheating, incest, adultery, fornication, common swearing, drunkenness, gaming, breach of the Sabbath, and every other crime that had occurred to the accusers.*'' The bishops sent a protest, declining the authority of the assembly ; the commissioner, too, protested against that court as illegally constituted and elected ; and, in his majesty's name, dissolved it. This measure was fore- seen, and little regarded. The court still continued to sit and to finish their business.** All the acts of assembly '" A presliytery in Scotland is an inferior ecclesiastical court, tho same tliat was afterwards called a classis in England, and is composed of tbe clergy of the neighboring parishes, to the number, commonly, of between twelve and twenty, • SI King's Decl. pp. 190, 191, 290. Guthry, p. 39, etc. " King's Deol. p. 218. Kushworth, vol. ii. o. 787. " May, p 44. 220 HISTOET or ENGLAND. since the accession of James to the crown of England were, upon pretty reasonable grounds, declared null and invalid. The acts of Parliament which affected ecclesi- astical affairs were supposed, on that very account, to have no manner of authority. And thus episcopacy, the high commission, the articles of Perth, the canons, and the liturgy were abolished and declared unlawful ; and the whole fabric which James and Charles, in a long course of years, had been rearing with so much care and policy fell at once to the ground. The covenant likewise was ordered to be signed by every one, under pain of excommunication.^* [1639.] The independency of the ecclesiastical upon the civil power was the old presbyterian principle, which had been zealously adopted at the Reformation, and which, though James and Charles had obliged the Church publicly to disclaim it, had secretly been adhered to by all ranks of people. It was commonly asked whether Christ or the king were superior ; and as the answer seemed obvious, it was inferred that the assembly, being Christ's council, was superior in all spiritual matters to the Parliament, which was only the king's. But as the Covenanters were sensible that this consequence, though it seemed to them irrefragable, would not be assented to by the king, it became necessary to maintain their religious tenets by military force, and not to trust entirely to supernatural assistance, of which, how- ever, they held themselves well assured. They cast their eyes on all sides, abroad and at home, whenceever they could expect any aid or support. After France and Holland had entered into a league against Spain, and framed a treaty of partition, by which they were to conquer and to divide between them the Low- Country provinces, England was invited to preserve a neutrality between the contending parties, while the French and Dutch should attack the maritime towns of Flanders. But the king replied to D'Estrades, the French ambassador, who opened the pi-oposal, that he had a squadron ready, and would cross the seas, if necessary, with an army of fifteen thousand men, in order to prevent these projected conquests.^^ This answer, wliich proves that Charles, though he expressed his mind with an imprudent candor, had at last acquired a just idea of national interest, irritated Cardinal Richelieu ; and, in revenge, that politic and enter- prising minister carefully fomented the first commotions in s' Ring's Decl. p. 317. >s Mem. D'EstradeB, vol. i HISTORY OF ENGLAND. 221 Scotland, and secretly supplied the Covenanters with money and arms, in order to encourage them in their opposition against their sovereign. But the chief resource of the Scottish malcontents was in themselves, and in their own vigor and abilities; No regular established commonwealth could take juster meas- ures, or execute them with greater promptitude, than did this tumultuous combination, inflamed with bigotry for religious trifles, and faction without a i-easonable object. The whole kingdom was in a manner engaged ; and the men of greatest abilities soon acquired the ascendant, whicli their family interest enabled them to maintain. The Earl of Argyle, though he long seemed to temporize, had at last embraced the covenant ; and he became the chief leader of that party : a man equally supple and inflexible, cautious, and determined, and entirely qualified to make a figure during a factious and turbulent period. The Earls of Rothes, Cassilis, Montrose, Lothian, the Lords Lindesey, Loudon, Yester, Balmerino, distinguished themselves in that party. Many Scotch officers had acquired reputation in the German wars, particularly under Gustavus ; and these were invited over to assist their country in her present neces- sity. The command was entrusted to Lesley, a soldier of experience and abilities. Forces were regularly enlisted and disciplined. Arms were commissioned and imported from foreign countries. A few castles which belonged to the king, being unprovided with victuals, ammunition, and garrisons, were soon seized. And the whole country, ex- cept a small part, where the Marquis of Huntley still adhered to the king, being in the hands of the Covenanters, was in a very little time put in a tolerable posture of defence.^' The fortifications of Leith were begun and carried on with great rapidity. Besides the inferior sort and those who labored for p.ay, incredible numbers of volunteers, even noblemen and gentlemen, put their hands to the work, and deemed the most abject employment to be dignified by the,, sanctity of the cause. Women, too, of rank and condition, forgetting the delicacy of their sex and the decorum of their character, were intermingled with the lowest rabble, and .carried on their shoulders the rubbish requisite for com- pleting the fortifications.^' We must not omit another auxiliary of the Covenanters, *i May, p. 49. '' Guthry's Memoirs, p. 46. 222 HISTORY OF ENGLAND. and no inconsiderable one — a prophetess, who was much followed and admired by all ranks of people. Her name was Michelson : a woman full of whimsies, partly hyster- ical, partly religious, and inflamed with a zealous concern for the ecclesiastical discipline of the Presbyterians. She spoke at certain times only, and had often interruptions of days and weeks ; but when she began to renew her ecstasies, warning of the happy event was conveyed over the whole countiy, thousands crowded about her house, and every word which she uttered was received with veneration, as the most sacred oracles. The covenant was her perpetual theme. The true, genuine covenant, she said, was ratified in heaven ; the king's covenant was an invention of Satan. When she spoke of Christ, she usually gave him the name of the Covenanting Jesus. Rollo, a popular preacher and zeal- ous Covenanter, was her great favorite, and paid her, on his part, no less veneration. Being desired by the spectators to pray with her and speak to her, he answered " that he durst not, and that it would be ill manners in him to speak while his master Christ was speaking in her." '' Charles had agreed to reduce episcopal authority so much that it would no longer have been of any service to support the crown ; and this sacrifice of his own interests he was willing to make in order to attain public peace and tranquillity. But he could not consent entirely to abolish an order which he thought as essential to the being of a Christian Church as his Scottish subjects deemed it incom- patible with that sacred institution. This narrowness of mind, if we would be impartial, we must either blame or excuse equally on both sides, and thereby anticipate, by a little reflection, that judgment which time, by introducing new subjects of controversy, will undoubtedly render quite familiar to posterity. So great was Charles's aversion to violent and sanguin- ary measures, and so strong his affection to his native king- dom, that it is probable the contest in his breast would be nearly equal between these laudable passions and his attach- , ment to the hierarchy. The latter affection, however, prevailed for the time, and made him hasten those military preparations which he had projected for subduing the re- f fractory spirit of the Scottish nation. By regular economy, I he had not only paid all the debts contracted during the V SDanish and French wars, but had amassed a sum of two 3» King's Declaration at large, p. 227. Burnet's Memoirs of Hamilton. HISTOEY OF ENGLAND. 223 hundred thousand pounds, which he reserved for any sudden exigency. The, queen had great interest with the Catholics, both from the sympathy of religion and from the favors and indulgences which she had been able to procure to them. She now employed her credit, and persuaded them that it was reasonable to give lai-ge contributions, as a mark of their duty to the king, during this urgent necessity.*' A considerable supply was obtained by this means, to the ffl'eat scandaLaf the Puritans,^ who were offended at seeing tfiie lung on such good terms with the Papists, and repined that others should give wliat they themselves were disposed to refuse him. Charles's fleet was formidable and well supplied. Having put 5000 land forces on board, he intrusted it to the Marquis of Hamilton, who had orders to sail to the Frith of Forth, and to cause a diversion in the forces of the malcon- tents. An army was levied of near 20,000 foot and above 3000 horse, and was put under the command of the Earl of Arundel, a nobleman of great family, but celebrated neither for military nor political abilities. The Eai-1 of Essex, a man of strict honor, and extremely popular, espe- cially among the soldiery, was appointed lieutenant-general ; the Earl of Holland was general of the horse. • The king himself joined the army, and he summoned all the peers of England to attend him. The whole had the appearance of a splendid court rather than of a militaiy armament ; and in this situation, carrying more show than real force with it, the camp arrived at Berwick.^" The Scottish army was as numerous as that of the king, but inferior in cavalry. The officers had more reputation and experience ; and the soldiers, though undisciplined and ill-armed, were animated as well by the national aversion to England, and the dread of becoming a province to their old enemy, as by an unsurmountable fervor of religion. The pulpits had extremely assisted the officers in levying recruits, and had thundered out anathemas against all those " who went not out to assist the Lord against the mighty." *^ Yet so prudent were the leaders of the malcontents that they immediately sent submissive messages to the king, and craved to be admitted to a treaty. Charles knew that the force of the Covenanters was con- '» Eushworth, vol. iii. p. 1329. Franklyn, p. 767. « Clarendon, vol. i. pp. 115, IIB, 117. u Buiaet's Memoirs of Hamilton. 224 HISTORY OF ENGLAND. siderable, their spirits high, their zeal furious ; and that, as they were not yet daunted by any ill-success, no reasonable terms could be expected from them. With regard, there- fore, to a treaty, great difficulties occuixed on both sides. Should he submit to the pretensions of the malcontents, besides that the prelacy must be sacrificed to their religious prejudices, such a check would be given to royal au- thority (which had, very lately, and with much difficulty, been thoroughly established in Scotland) that he must ex- pect ever after to retain in that kingdom no more than the appearance of majesty. The great men, having proved by so sensible a trial the impotence of law and prerogative, would return to their former licentiousness ; the preachers would retain their innate arrogance ; and the people, un- protected by justice, would recognize no other authority than that which they found to domineer over them. Eng- land also, it was much to be feared, would imitate so bad an example ; and having already a strong propensity towards rejiublican and puritanical factions, would expect, by the same seditious practices, to attain the same indulgence. To advance so far without bringing the rebels to a total sub- mission, at least to reasonable concessions, was to promise them, in all future time, an impunity for rebellion. On the other hand, Charles considered that Scotland was never before, under any of his ancestors, so united and so animated in its own defence ; yet had often been able to foil or elude the force of England, combined heartily in one cause, and inured by long practice to the use of arras. How much greater difficulty should he find at present to subdue, by violence, a people inflamed with religious prej- udices, while he could only oppose to them a nation en- ervated by long peace and lukewarm in his service ; or, what was more to be dreaded, many of them engaged in the same party with the rebels ? " Should the war be only pro- tracted beyond a campaign (and who could expect to finish it in that period ?), his treasures would fail him ; and for supply he must have recourse to an English parliament, which by fatal experience he had ever found more ready to encroach on the prerogatives than to supply the necessities of the crown. And what if he receive a defeat from the rebel army? This misfortune was far from being impos- sible. They were engaged in a national cause, and strongly actuated by mistaken principles. His army was retained •2 EuBhwortli, Tol. iii. p. 936. HISTORY OF ENGLAND. 225 entirely by pay, and looked on the quarrel -with the same indifference which naturally belongs to mercenary troops^ without possessing the discipline by which such troops are commonly distinguished. And the consequences of a defeat, while Scotland was enraged and England discon- tented, were so dreadful that no motive should persuade him to hazard it. It is evident that Charles had fallen into such a situation that, whichever side he embraced, his errors must be dan- gerous. No wonder, therefore, he was in great perplexity. But he did worse than embrace the worst side ; for, properly speaking, he embraced no side at all. He concluded a sud- den pacification, in which it was stipulated that he should withdraw his fleet and army ; that within eight-and-forty hours the Scots should dismiss their forces ; that tl e king s forts should be restored to him, his authority be acknowl- edged, and a general assembly and a Parliament be im- mediately summoned, in order to compose all differences.*^ What were the reasons which engaged the king to admit such strange articles of peace it is in vain to inquire, for there scarcely could be any. The causes of that event may admit of a more easy explication. The malcontents had been very industrious in represent- ing to the English the grievances under which Scotland labored, and the ill councils which had been suggested to the sovereign. Their liberties, they said, were invaded ; the prerogatives of the crown extended beyond all former precedent ; illegal courts erected ; the hierarchy exalted at the expense of national privileges; and so many new super- stitions introduced by the haughty, tyrannical prelates as begat a just suspicion that a project was seriously formed for the restoration of popery. The king's conduct, surely, in Scotland had been in everything, except in establishing the ecclesiastical canons, more legal than in England ; yet was there such a general resemblance in the complaints of both kingdoms that the English readily assented to all the representations of Scottish malcontents, and believed that nation to have been driven by oppression into the violent counsels which they had embraced. So far, therefore, from being willing to second the king in subduing the free spirits of the Scots, they rather pitied that unhappy people, who had been pushed to those extremities ; and they thought that the example of such neighbors, as well as their assist- " Eushwortli, vol. iil. p. 945. Vol. IV.— 15 226 HISTOET OF ENGLAND, ance, might some time be advantageous to England, and encourage her to recover, by a vigorous effort, her violated laws and liberties. The gentry and nobility Avho, without attachment to the court, without command in the army, at- tended in great numbers the English camp, greedily seized and propagated, and gave authority to these sentiments. A retreat, very little honorable, which the Earl of Holland, with a considerable detachment of the English forces, had made before a detachment of the Scottish, caused all these humors to blaze up at once ; and the king, whose character was not sufBciently vigorous or decisive, and wlio was apt, from facility, to embrace hasty counsels, suddenly assented to a measure which was recommended by all about him, and which favored his natural propension towards the misguided subjects of his native kingdom.^* Charles, having so far advanced in pacific measures, ought with a steady resolution to have prosecuted them, and have submitted to every tolerable condition demanded by the assembly and Parliament ; nor should he have re- commenced hostilities but on account of such enormous and unexpected pretensions as would have justified his cause, if possible, to the whole English nation. So far, indeed, he adopted this plan, that he agreed not only to confirm his former concessions of abrogating the canons, the liturgy, the high commission, and the articles of Perth, but iaiso to abol- ish the order itself of bishops, for which he had so zealously contended.^^ But this concession was gained by the utmost violence which he could impose on his disposition and prej- udices. He even secretly retained an intention of seizing favorable opportunities in order to recover the ground which he had lost ; ^^ and one step further he could not pre- vail with himself to advance. The assembly, when it met, paid no deference to the king's prepossessions, but gave full indulgence to their own. They voted episcopacy to be un- lawful in the Church of Scotland ; he was willing to allow it contr,aryJ,o the constitutions of that Church. They stig- matized the liturgy and canons as popish ; he agreed simply to abolish them. They denominated the high commission tyranny ; he was content to set it aside.*' The Parliament, which sat after the assembly, advanced pretensions which tended to diminish the civil power of the monarch ; and, ** Clarendon, vol. i. pp. 122, 123. May, p. 46. *» Rushworth, vol. ill. p. 946. <" Buniet's Memoirs, p. 164. Eusliworth, vol. iJi. p. 951. *7 Kusliworth, vol. iii. p. 958, etc. HISTOEY OP EN-GLAND. 227 TrLat probably affected Charles still more, they were pro- ceeding to ratify the acts of assembly when, by the king's instructions,^' Traquaire, the commissioner, prorogued them ; and on account of these claims, which might have been foreseen, was the war renewed with great advantage on the side of the Covenanters and disadvantages on that of the king. No sooner had Charles concluded the pacification with- out conditions than the necessity of his affairs and his want of money obliged him to disband his army ; and as the sol- diers had been held together solely by mercenary views, it was not possible, without great trouble and expense and loss of time, again to assemble them. The more prudent Cove- nanters had concluded that their pretensions, being so con- trary to the interests, and still more to the inclinations, of the king, it was likely thai they should again be obliged to support their cause by arms ; and they were therefore care- ful, in dismissing their troops, to preserve nothing but the appearance of a pacific disposition. The officers had orders to be ready on the first summons ; the soldiers were warned not to think the nation secure from an English invasion ; and the religious zeal which animated all ranks of men made them immediately fly to their standards as soon as the trum- pet was sounded by their spiritual and temporal leaders. The credit which in their last expedition they had acquired, by obliging their sovereign to depart from all his preten- sions, gave courage to every one in undertaking this new enterprise.^^ [1640.] The king, with great difficulty, found means to | draw together an army; but soon discovered that, all savW ings being gone and great' debts contracted, his revenue! would be insufficient to support them. An English parliaJ \ ment, therefore, formerly so unkind and intractable, must I now, fafter_above eleY£n_years' iatermisfli-efl, after the king had tried many irregular methods of taxation, after mul- tiplied disgusts given to the puritanical party, be sum- moned to assemble amid the most pressing necessities of the crown. As the king resolved to try whether this House of Com- mons would be more compliant than their predecessors, and grant him supply on any reasonable terms, the time ap- pointed for the meeting of Parliament was late, and very " Eusliworth, vol. lii. p. 965. " Clarendon, vol. i. p. 125. Rushworth, vol. ill. p. 1033. 228 HISTOKY OF ENGLAND. near the time allotted for opening the campaign against the Soots. After the past experience of their ill-humor and of their encroaching disposition, he thought that he could not in prudence trust them with a long session till he had seen some better proofs of their good intentions. The urgency of the occasion, and the little time allowed for debate, were reasons which he reserved against the malcontents in the House; and an incident had happened which, he he lieved, had now furnished him with still more cogent argu- ments. The Earl of Traquaire had intercepted a letter written to the King of France by the Scottish malcontents, and had conveyed this letter to the king. Charles, partly repenting of the large concessions made to the Scots, partly disgusted at their fresh insolence and pretensions, seized this oppor- tunity of breaking with them. He had thrown into the Tower Lord Loudon, commissioner from the Covenanters, one of the persons who had signed the treasonable letter;^' and he now laid the matter before the Parliament, whom he hoped to inflame by the resentment and alarm by the danger of this application to a foreign power. By the mouth of the lord keeper. Finch, he discovered his wants, and in- formed them that he had been able to assemble his army, and to subsist them, not by any revenue which he possessed, put by means of a large debt of above three hundred thou- jfeand pounds which he had contracted, and for which he had given security upon the crown lands. He represented that It was necessary to grant supplies for the immediate and urgent demands of his military armaments ; that the season was far advanced, the time precious, and none of it must he lost in deliberation ; that though his coffers were empty, they had not been exhausted by unnecessary pomp, or sumptuous buildings, or any other kind of magnificence ; that whatever supplies had been levied on his subjects had been employed for their advantage and pi-eservation, and, like vapors rising out of the earth and gathered into a cloud, had fallen in sweet and refreshing showers on the same fields from which they had at first been exhaled ; that though he desired such immediate assistance as might pre- vent for the time a total disorder of the government, he was far from any intention of precluding them from their right to inquire into the state of the kingdom, and to offer him petitions for the redress of their grievances ; that as much »> Clarendon, vol. i. p. 129. Kushwortli, vol. iii. p. 956. May, p. 56. HISTOKT OF ENGLAND. 229 as ■was possible of this season should afterwards be allowed them for that purpose ; that as he expected only such sup- ply at present as the current service necessarily required, it would be requisite to assemble them again next winter, when they should have full leisure to conclude whatever business had this session been left imperfect and unfinished ; that the Parliament of Ireland had twice put such trust in his good intentions as to grant him, in the beginning of the session, a large supply, and had ever experienced good effects from the confidence reposed in hira; and that, in every circumstance, his people should find his conduct suit- able to a just, pious, and gracious king, and Such as was cal- cul ited to promote an entire harmony between prince and Parliament.^^ However plausible these topics, they made small impres- sion on the House of Commons. By some illegal, and sev- eral suspicious measures of the crown, and by the cour- ageous opposition which particular persons, amid dangers and hardships, had made to them, the minds of men through- ~i out the nation had taken such a turn as to ascribe every j honor to the refractory opposers of the king and the min- j isters. These were the only patriots, the only lovers of their country, the only heroes, and, perliaps, too, the only j true Christians. A reasonable compliance with the court : was slavish dependence ; a regard to the king, servile • flattery; a confidence in his promises, shameful prostitution. ■ I This general cast of thought, which has, more or less, pre- vailed in England during near a century and a half, and / which has been the cause of much good and much ill in public affairs, never predominated more than during the J reign of Charles. The present House of Commons, beings entirely composed of country gentlemen, who came into Parliament with all their native prejudices about them, and\ whom the crown had no means of influencing, could not | fail to contain a majority of these stubborn patriots. Affairs likewise, by means of the Scottish insurrection ' aind the general discontents in England, were drawn so near to a crisis that the leaders of the House, sagacious and penetrating, began to foresee the consequences, and to hope that the time, so long wished for, was now come, when royal authority must fall into a total subordination under "I popular assemblies, and when public liberty must acquire a J full ascendant. By reducing the crown to necessities, they "i Eushworth, vol. iii. p. 1114. 230 HISTOEY OF ENGLAND. " had hitherto found that the king had been pushed into vio- j lent counsels, which had served extremely the purposes of i his adversaries ; and by multiplying these necessities, it was ' foreseen that his prerogative, undermined on all sides, must at last be overthrown, and be no longer dangerous to the . privileges of the people. "Whatever, therefore, tended to compose the differences between king and Parliament, and to preserve the government uniformly in its present chan- nel, was zealously opposed by these popular leaders ; and their past conduct and sufferings gave them credit sufficient to effect all their purposes. The House of Commons, moved by these and inany other obvious reasons, instead of taking notice of the king's com- plaints against his Scottish subjects, or his applications for supply, entered immediately upon grievances ; and a speech which Pym made them on that subject was much more hearkened to than that which the lord keeper had delivered to them in the name of their sovereign. The subject of Pym's harangue has been sufficiently explained above, where we gave an account of all the grievances, imaginary in the Church, more real in the State, of which the nation at that time so loudly complained.'^^ The House began with examining the behavior of the speaker the last day of the former Parliament, when he refused, on account of the king's command, to put the question ; and they declared it a breach of privilege. They proceeded next to inquire into the imprisonment and prosecution of Sir John Elliot, Holhs, and Valentine ; ^ the affair of ship-money was canvassed, and plentiful subject of inquiry was suggested on all hands. Grievances were regularly classed under three heads — ^those with regard to privileges of Parliament, to the property of the subject, and to religion." The king, seeing a large and inexhaustible field opened, pressed them again for supply ; and, finding his message ineffectual, he came to the House of Peers, and desired their good offices with the Commons. / The Peers were sensible of the king's urgent necessities ; i^ and thought that supply, on this occasion, ought, both in reason and in decency, to go before grievances. They ven^. tured to represent their sense of the matter to the Commons ; but their intercession did harm. The Commons had always . 66. War- wick, p. 151. HISTORY OF ENGLAND, 239 event was nothing strange among new-levied troops ; and the Scots, being in the same condition, would no doubt b^ liable in their turn to a like accident. His opinion, there- fore, was that the king should push forward and attack the Scots, and bring the affair to a quick decision ; and if he were ever so unsuccessful, nothing worse could befall him than what, from his inactivity, he would certainly be exposed to.'" To show how easy it would be to execute this proj- ect, he ordered an assault to be made on some quarters of the Scots, and he gamed an advantage over them. No ces- sation of arms had as yet been agreed to during the treaty at Rippon, yet great clamor prevailed on account of this act/ of hostility ; and when it was known that the oiRcer who conducted the attack was a Papist, a violent outci-y was raised against the king for employing that hated sect in the murder of his Protestant subjects.*-' It may be worthy of remark that several mutinies had arisen among the English troops when marching to join the army ; and some officers had been murdered merely on sus- picion of their being Papists.*'' The Petition of Right had abolished all martial law ; and by an inconvenience which naturally attended the plan, as yet new and unformed, of regular and rigid liberty, it was found absolutely impossible for the generals to govern the army by all the authority which the king could legally confer 'upon them. The law- yers had declared that martial law could not be exercised except in the presence of an enemy ; and because it had been found necessary to execute a mutineer, the generals thought it advisable, for their own safety, to apply for a pardon from the crown. This weakness, however, was care- fully concealed from the army, and Lord Conway said that if any lawyer were so imprudent as to discover the secret to the soldiers, it would be necessary instantly to refute him, and to hang the lawyer himself by sentence of a court mar- tial.»= An army new-levied, undisciplined, frightened, seditious, ill paid, and governed by no proper authority, was very un- fit for withstanding a victorious and high-spirited enemy, and retaining in subjection a discontented and zealous na- tion. Charles, in despair of being able to stem the torrent, at " Nalson, vol. li. p. 5. '' Clarendon, vol. 1. p. 159. '" Rushworth, vol. iii. pp. 1190, 1191, 1192, etc. May, p. 64. *■ Kushwortli, vol. iii- p. 1199. 240 HISTORY OF ENGLAND. last determined to yield to it ; and as he foresaw that the great council of Peers would advise him to call a Parlia- ment, he told them in his first speech that he had already taken this resolution. He informed them likewise that the queen, in a letter which she had written to him, had very earnestly recommended that measure. This good prince, who was extremely attached to his consort, and who pas- sionately wished to render her popular in the nation, forgot not, amid all his distress, the interest of his domestic tender- ness.*^ In order to subsist both armies (for the king was obli2;ed, in order to save the northern counties, to pay his enemies), Charles wrote to the city, desiring a loan of two hundred thousand pounds. And the Peers at York, whose authority was now much greater than that of their sovereign, joined in the same request.^^ So low was this prince already fallen in the eyes of his own subjects ! As many difficulties occurred in the negotiation with the Scots, it was proposed to transfer the treaty from Rippon to London — a proposal willingly embraced by that nation, who were now sure of treating with advantage, in a place where the king, they foresaw, would be in a manner a pris- oner in the midst of his implacable enemies and their deter- mined friends.*^ e* Clarendon, vol. i. p. 154. Eushwortli, vol. lii. p. 1275. 85 Xiushworth, vol. iii. p. 1279. =« Rushworth, vol. iii. p. 1305. HISTOBY OF ENGLAND. 241 CHAPTER LIV. MEETING OF THE LONG PARLIAMENT. — STEAFEOED AND LAUD IMPEACHED. FINCH AND WINDEBANK FLT. GEEAT ATT- THOEITY OP THE COMMONS. THE BISHOPS ATTACKED. TONNAGE AND POUNDAGE. TRIENNIAL BILL. STEAF- FOEd's TRIAL. BILL OF ATTAINDEE. EXECUTION OF STEAFFOED. HIGH COMMISSION AND STAE-CHAMBEE ABOL- ISHED. king's journey to SCOTLAND. [1640.] The causes of disgust which, for above thirty years, had been daily multiplying in England were now come to full maturity, and threatened the kingdom with some great revolution or convulsion. The uncertain and undefined limits of prerogative and privilege had been eagerly disputed during that whole period ; and in every controversy between prince and people the questioii, how- ever doubtful, had always been decided by each party in favor of its own pretensions. Too lightly, perhaps, moved by the appearance of necessity, the king had even assumed powers incompatible with the principles of limited govern- ment, and had rendered it impossible for his most zealous partisans entirely to justify his conduct, except by topics so unpopular that they were more fitted, in the present dispo- sition of men's minds, to inflame than appease the general discontent. Those great supports of public authority, law and religion, had likewise, by the unbounded compliance of judges and jarelates, lost much of their influence over the people ; or, rather, had, in a great measure, gone over to the side of faction, and authorized the spirit of opposition and rebellion. The nobility, also, whom the king had no means of retaining by offices and preferments suitable to their rank, had been seized with the general discontent, and unwarily threw tliemselves into the scale which already be- gan too much to preponderate. Sensible of some encroach- ments which had been made by royal authority, men enter- tained no jealousy of the Commons, whose enterpi-ises for the acquisition of power had ever been covered with the appearance of the public good, and had hitherto gone no Vol. IV.— 16 242 HISTOET OF ENGLAND. further than some disaiDpointed efforts and endeavors. The progress of the Scottish mnlcontents reduced the crown to an entire dependence for supply ; their union with the pop- ular party in England brought great accession of authority to the latter ; the near jarospect of success roused all latent murniurs and pretensions, which had hitherto been held in such violent constraint ; and the torrent of general inclina- tion and opinion ran so strongly against the court that the king was in no situation to refuse any reasonable demands of the popular leaders, either for defining or limiting the powers of his prerogative. Even many exorbitant claims, in his present situation, would probably be made, and must necessarily be complied with. The triumph of the malcontents over the Church was ( not yet so immediate or certain. Though the political and religious Puritans mutually lent assistance to each other, there were many who joined the former, yet declined all con- jiection with the latter. The hierarchy had been established in England eyer since the Reformation ; the Romish Church, in all ages, had carefully maintained that form of ecclesias- tical government ; the ancient fathers, too, bore testimony to episcopal jurisdiction, and though parity may seem at first to have had place among Christian pastors, the period dur- ing which it prevailed was so short that few undisputed traces of it remained in history. The bishops, and their more zealous partisans, inferred thence the divine indefeasi- ble right of prelacy; others regarded that institution as ven- erable and useful ; and if the love of novelty led some to adopt the new rites and discipline of the Puritans, the rev- erence to antiquity retained many in their attachment to the liturgy and government of the Church. It behooved, therefore, the zealous innovators in Parliament to proceed with some caution and reserve. By promoting all measures which reduced the powers of the crown, they hoped to dis- arm the king, whom they justly regarded, from principle, inclination, and policy, to be the determined patron of the hierarchy. By declaiming against the supposed encroach- ments and tyranny of the prelates, they endeavored to carry the nation from a hatred of their jjersons to an opposition against their office and character. And when men were en- listed in party, it would not be difficult, they thought, to lead them by degrees into many measures for which they formerly entertained the greatest aversion. Though the new sectaries composed not at first the majority of the na- HISTORY OF ENGLAND. 243 tion, they were inflamed, as is usual among innovators, with extreme zeal for their opinions. Their unsuvmountable pas- sion, disguised to themselves as well as to others under the appearance of holy fervors, was well qualified to make pros- elytes, and to seize the minds of the ignorant multitude. And one furious enthusiast was able, by his active industry, to surmount the indolent efforts of many sober and reason- able antagonists. When the nation, therefore, was so generally discon- tented, and little suspicion was entertained of any design to subvert the Churcb and monarchy, no wonder that almost all elections ran m favor of those who, by their high preten- sions to piety and patriotism, had encouraged the national prejudices. It is a usual compliment to regard the king's inclination in the choice of a speaker ; and Charles had in- tended to advance Gardiner, Eecorder of London, to that important trust ; but so little interest did the crown at that time possess in the nation that Gardiner was disappointed of his election, not only in London, but in every other place where it was attempted : and the king was obliged to make the choice of speaker fall on Lenthall, a lawyer of some character, but not sufficiently qualified for so high and dif- ficult an office.^ The eager expectations of men with regard to a Parlia- ment summoned at so critical a juncture, and during such general discontents — a Parliament which, from the situation of public affairs, could not be abruptly dissolved, and which was to execute everything left unfinished by former parlia- ments— these motives, so important and interesting, engaged the attendance of all the members ; and the House of Com- mons was never observed to be, from the beginning, so full and numerous. Without any interval, therefore, they en- tered upon business, and, by unanimous consent, they im- mediately struck a blow which may in a manner be regarded as decisive. The Earl of Strafford was considered as chief minister, both on account of the credit which he possessed with his master and of his own great and uncommon vigor and capa- city. By a concurrence of accidents, this man labored un- der the severe hatred of all the three nations which com- posed the British monarchy. The Scots, whose authority now ran extremely high, looked on him as the capital enemy of their country, and one whose counsels and influence they ! I Clarendon, vol. i. p. 169. 244 HISTOET OF ENGLAND. had most reason to apprehend. He had engaged the Par- liament of Ireland to advance large subsidies, in order to sni^port a war against them ; he had levied an army of nine thousand men, with which he had menaced all their western coast ; he had obliged the Scots who lived under his govern- ment to renounce the covenant, their national idol ; he had, in Ireland, proclaimed the Scottish Covenanters rebels and traitors, even before the king had issued any such declara- tion against them in England; and he had ever dissuaded his master against the late treaty and suspension of arms, which he regarded as dangerous and dishonorable. So avowed and violent were the Scots in their resentment of all these measures that they had refused to send commis- sioners to treat at York, as was at first proposed ; because, they said, the Lieutenant of Ireland, their capital enemy, being general of the king's forces, had there the chief com- mand and authority. Strafford, first as deputy, then as lord lieutenant, had (governed Ireland during eight years with great vigilance, ^activity, and prudence, but with very little popularity. In a nation so averse to the English government and religion, these very virtues were sufiicient to draw on him the public hatred. The manners, too, and character of this great man, though to all full of courtesy, and to his friends full of af- fection, were at bottom haughty, rigid, and severe. His authority and influence, during the time of his government, had been unlimited ; but no sooner did adversity seize him than the concealed aversion of the nation blazed up at once, and the Irish Parliament used every expedient to aggravate the charge against him. The universal discontent which prevailed in England 1 against the court was all pointed towards the Earl of Straf- \ford; though without any particular reason, but because he was the minister of state whom the king most favored and trusted. His extraction was honorable, his paternal fortune considerable ; yet envy attended his sudden and great ele- vation. And his former associates in popular councils, finding that he owed his advancement to the desertion of their cause, represented him as the great apostate of the commonwealth, whom it behooved them to sacrifice as a victim to public justice. Strafford, sensible of the load of popular prejudices under which he labored, would gladly have declined attend- ance in Parliament ; and he begged the king's permission HISTOEY 03? ENGLAND, 245 to withdraw himself to his government of Ireland — at least to remain at the head of the army in Yorkshire — where many opportunities, he hoped, would offer, by reason of his distance, to elude the attacks of his enemies. But Charles, who had entire confidence in the earl's capacity, thought that his counsels would be extremely useful during the critical session which approached. And when Strafford still insisted on the danger of his appearing amid so many enraged enemies, the king, little apprehensive that his own authority was so suddenly to expire, promised him protec- tion, and assured him that not a hair of his head should be touched by the Parliament.^ No sooner was Strafford's arrival known than a con- certed attack was made upon him in the House of Com- mons. Pym, in a long, studied discourse, divided into many heads after his manner, enumerated all the grievances under which the nation labored ; and, from a complication of such oppressions, inferred that a deliberate plan had been formed of changing entirely the frame of government and subverting the ancient laws and liberties of the king- dom.' "Could anything," he said, "increase our indigna- tion against so enormous and criminal a project, it would be to find that, during the reign of the best of princes, the constitution had been endangered by the worst of minis- ters, and that the virtues of the king had been seduced by wicked and pernicious counsel. We must inquire," added he, " from what fountain these waters of bitterness flow ; and though, doubtless, many evil counsellors will be found to have contributed their endeavors, yet is there one who challenges the infamous pre-eminence, and who, by his courage, enterprise, and capacity, is entitled to the first place among these betrayers of their country. He is the Earl of Strafford, Lieutenant of Ireland, and President of the Council of York, who in both places, and in all other provinces where he has been intrusted with authority, has raised ample monuments of tyranny, and will appear, from a survey of his actions, to be the chief promoter of every arbitrary counsel." Some instances of imperious expres- sions as well as actions were given by Pym, who afterwards entered into a more personal attack of that minister, and endeavored to expose his whole character and manners. The austei-e genius of Strafford, occupied in the pursuits of ambition, had not rendered his breast altogether inaccessible = WMtlocke, p. 36. 3 Ibid. 246 HISTOKY OF ENGLAND. to the tender passions, or secured him fronj the dominion of the fair ; and in that sullen age, when the irregularities of pleasure were more reproachful than the most odious crimes, these weaknesses were thought worthy of being mentioned, together with his treasons, before so great an assembly. And, upon the whole, the orator concluded that it belonged to the House to provide a remedy proportionable to the disease, and to prevent the further mischiefs justly to be apprehended from the influence which this man had ac- quired over the measures and counsels of their sovereign.* Sir John Clotworthy, an Irish gentleman, Sir John Hotham, of Yorkshire, and many others, entered into the same topics ; and after several hours spent in bitter invec- tive, when the doors were locked in order to prevent all discovery of their purpose, it was moved, in consequence of the resolution secretly taken, that Strafford should imme- diately be impeached of high treason. This motion was received with universal approbation ; nor was there in all the debate one person that offered to stop the torrent by any testimony in favor of the earl's conduct. Lord Falk- land alone, though known to be his enemy, modestly desired the House to consider whether it would not better suit the gravity of their proceedings, first, to digest by a committee many of those particulars which had been mentioned before they sent up an accusation against him. It was ingen- uously answered by Pym that such a delay might probably blast all their hopes, and put it out of their power to pro- ceed any further in the prosecution ; that when Strafford should learn that so many of his enormities were discov- ered, his conscience would dictate his condemnation ; and so great was his power and credit, he would immediately procure the dissolution of the Parliament, or attetnpt some other desperate measure for his own preservation ; that the Commons were only accusers, not judges; and it was the province of the Peers to determine whether such a com- plication of enormous crimes in one person did not amount to the highest crime known by the law.^ Without further debate, the impeachment was voted ; Pym was chosen to carry it up to the Lords. Most of the House accompanied him on so agreeable an errand ; and Strafford, who had just entered the House of Peers, and who little expected so speedy a prosecution, was immediately, upon this general • Claremlon, vol. 1, p. 172. ^ Clarendon, vol. i. p. 174. HISTOEY OF ENGLAND. 247 charge, ordered into custody, with several symptoms of vio- lent prejudice in his judges as vs^ell as in his prosecutors. In the inquiry concerning grievances and in the censure of past measures, Laud could not long escape the severe scrutiny of the Commons, who were led, too,' in their accu- sation of that prelate, as well by their prejudices against his whole order as by the extreme antipathy which his intem- perate zeal had drawn upon him. After a deliberation, which scarcely lasted half an hour, an impeachment of high treason was voted against this subject, the first both in rank and in favor throughout the kingdom. Though this incident, considering the example' of Strafford's impeach- ment and the present disposition of the natiori and Pai- liament, needed be no surprise to him, yet was he betrayed into some passion when the accusation was presented. " The Commons themselves/' he said, " though his accusers, did not believe him guilty of the' crimes with which they charged him." An iridiscretion which, next day, upon more mature deliberation, he desired leave to retract ; but so little favorable were' the Peers that they refused him this advantage or indulgence. Laud also was immediately, upon this general charge, sequestered from Parliament and committed to custody.* The capital article insisted on against these two great men was the design, which the Commons supposed to have been formed, of subverting the laws and constitution of England, and intt-oducing arbitrary and unlimited authority into the kingdom. Of all the king's ministers, no one was so obnoxious in this respect as the lord keeper Finch. He it was who, being speaker in the king's third Parliament, had left the chair and refused to put the question when ordered by the House. The extra-judicial opinion of the judges in the case of ship-money had been procured by his mtrigues, persuasions, and even menaces. In all unpopular and illegal measures he was ever most active ; and he was even believed to have declared publicly that while he was keeper an order of council should always with him be equivalent to a law. To appease the rising displeasure of the Commons, he desired to be heard at their bar. He prostrated himself with all humility before them ; but this submission availed him nothing. An impeachment was resolved on ; and, in order to escape their fury, he thought proper secretly to withdraw and retire into Holland. As 8 Clarendon, vol. i. p. 177. Whitlocke, p. 38. Busliwortli, vol. iii. p. 1365. 248 HISTOEY OF ENGLAND. he was not ecteemed equal to Strafford, or even to Laud, either in capacity or in fidelity to his master, it was gen- erally believed that his escape had been connived at by the popular leaders.' His impeachment, however, in his ab- sence was carried up to the House of Peers. Sir Francis Windebank, the secretary, was a creature of Laud's — a sufficient reason for his being extremely obnoxious to the Commons. He was secretly suspected, too, of the crime of popery; and it was known that, from complaisance to the queen, and, indeed, in compliance with the king's maxims of government, he had granted many indulgences to Catholics, and had signed warrants for the pardon of priests, and their delivery from confinement. Grimstone, a popular member, called him, in the House, the very pander and broker to the whore of Babylon.^ Finding that the scrutiny of the Commons was pointed towards him, and being sensible that England was no longer a place of safety for men of his character, he suddenly made his escape into France.' Thus, in a few weeks, this House of Commons, not op- posed, or rather seconded, by the Peers, had produced such a revolution in the government that the two most powerful and most favored ministers of the king were thrown into the Tower and daily expected to be tried for their life. Two other ministers had, by flight alone, saved themselves from a like fate. All the king's servants saw that no pro- tection could be given them by their master. A new juris- diction was erected in the nation ; and before that tribunal all those trembled who had before exulted most in their credit and^uthority. What rendered the power of the Commons more for- midable was the extreme prudence with which it was con- ducted. Not content with the authority which they had acquired by attacking these great ministers, they were re- solved to render the most considerable bodies of the nation obnoxious to them. Though the idol of the people, tliey determined to fortify themselves likewise with terrors, and to overawe those who might still be inclined to support the falling ruins of a monarchy. During the late military operations, several powers had been exercised by the lieutenants and deputy-lieutenants of counties ; and these powers, though necessary for the de- ' Clfireiiclon, vol. i. p. 177 WWtlocto, p. 38. Kusllworth, vol. i, pp. 120 1.36. « KusUwortb, vol. v. p. 122. « Cl.aeniloii, vol. i. p. 178. Wbillockc, p. 37. HISTORY OF ENGLAND. 249 fence of the nation, and even warranted by all former pre- cedent, yet not being authorized by statute, were now voted to be illegal, and the persons who had assumed them de- clared delinquents. This term was newly come into vogue, and expressed a degree or species of guilt not exactly known or ascertained. In consequence of that determination, many of the nobility and prime gentry of the nation, while only exerting, as they justly thought, the legal powers of magistracy, unexpectedly found themselves involved in the crime of delinquency. And the Commons reaped this mul- tiplied advantage by their vote : they disarmed the crown ; they established the maxims of rigid law and liberty ; and they spread the terror of their own authority.^" The writs for ship-money had been directed to the sheriffs, who were required, and even obliged, under severe penalties, to assess the sums upon individuals, and to levy them by their authority. Yet were all the sheriffs, and all those who had been employed in that illegal service, voted, by a very rigorous sgntence, to he delinquents. The king, by the maxims of law, could do no wrong. His ministers and servants, of whatever degree, in case of any violation of the constitution, were alone culpable." All the farmers and officers of the customs, who had been employed during so many years in levying tonnage and poundage and the new impositions, were likewise de- clared criminals, and were afterwards glad to compound for a pardon by paymg a fine of one hundred and fifty thou- sand pounds. Every discretionary or arbitrary sentence of the Star- chamber and high commission — courts which, from their very constitution, were arbitrary — underwent a severe scru- tiny; and all those who had concun-ed in such sentences were voted to be liable to the penalties of law.^^ No min- ister of the king, no member of the council, but found him- self exposed by this decision. The judges who had given their vote against Hambden, in the trial of ship-money, were accused before the Peers, and obliged to find siirety for their appearance. Berkeley, | a judge of the king's Bench, was seized by order of the ! House, even when sitting in his tribunal ; and all men saw with astonishment the irresistible authority of their juris- ' diction.'^ The sanction of the Lords and Commons, as well as that i« Clarendon, vol. i. r. 176 " rbicl. >2 Clareiiilun, tol. i. i>. 177. >» Wliitloclce, p, 39. 250 HISTOET OF ENGLAND. of the king, was declared necessary for the confirmation of ecclesiastical canons." And this judgment, it must be con- fessed, however reasonable, at least useful, it would have been difficult to justify by any precedent.^^ But the present was no time for question or dispute. That decision which abolished all legislative power, except that of Parliament, was requisite for completing the new plan of liberty and rendering it quite uniform and systematical. Almost all the bench of bishops, and the most considerable of the inferior clergy who had voted in the late convocation, found themselves exposed by these new principles to the imputation of delinquency." The most unpopular of all Charles's measures, and the least justifiable, was the revival of monopolies, so solemnly abolished, after reiterated endeavors, by a recent act_ of Parliament. Sensible of this unhappy measure, the king had of himself recalled, during the time of his first expedi- tion against Scotland, many of these oppressive patents; and the rest were now annulled by authority of Parliament, and every one who was concerned in them declared delin- quents. The Commons carried so far their detestation of this odious measure that they assumed a power which had formerly been seldom practised," and they expelled all their members who were monopolists or projectors — an artifice rby which, besides increasing their own privileges, they / weakened still further the very small party which the king y secretly retained in the House. Mildmay, a notorious mo- ^ nopolist, yet having associated himself with the ruling party, was still allowed to keep his seat^ In all questions, indeed, of elections, no steady rule' of decision was ob- served ; and nothing further waiS regarded than the affec- /tions and attachments of the parties.'^ Men's passions were 'Itoo much heated to be shocked with any instance of injus- itice, which served ends so popular as those which were pur- ,Bued by this House of Commons. The vwhgle sovereign powei* Jjeing tlms_2n_auJiianner " Nalsoti, vol. i. p. 678. >5 All act of Parliament, 26 Hen. VIII. cap. 19, allowed the convocation, with the king's consent, to make canons. Ry the famous act of submission to that prince, the clergy hound themselves to enact no canons without tlie king's con- sent. The Parliament was never mentioned nor thought of. Such pretensions as the Commons advanced at present would in any former age have been deemed strange usurpations. '» Clarendon, vol. i. p. 20S. Whitlooke, p. 37. Eushworth, vol. v. pp. 235, 069. Nalson, vol. i- p. 807. 1' Lord Clarendon says it was entirely new ; but there are instances of it in the reign of Elizabeth. — D'Ewes, pp. 296, 352. There are also instances in the reign of James. " Clarendon, vol. i. p. 176. HISTORY OF EKSLAND. 251 transferred to the Commons, and the government, without any seeming violence or disorder, being changed in a mo- ment from a monarchy almost absolute to a pure democ- racy, the popular leaders seemed willing for some time to suspend their active vigor, and to consolidate their author- ity ere they proceeded to any violent exercise of it. Every day produced some new harangue on past grievances. The detestation of former usurpations was further enlivened ; the jealousy of liberty roused ; and, agreeably to the spirit of free government, no less indignation was excited by the view of a violated constitution than by the ravages of the most enormous tyranny. This was the time when genius and capacity of all kinds, freed from the restraint of authority and nourished by un- bounded hopes and projects, began to exert themselves, and be distinguished by the public. Then was celebrated the sagacity of Pym, more fitted for use than ornament — matured, not chilled, by his advanced age and long experi- ence ; then was displayed the mighty ambition of Ilambden, taught disguise, not moderation, from former constraint; supported by courage, conducted by prudence, embellished by modesty; but whether founded in a love of power or zeal for liberty is still, from his untimely end, left doubtful and uncertain ; then, too, were known the dai'k, ardent, and dangerous character of St. John ; the impetuous spirit of Hollis, violent and sincere, open and entire in his en> mities and in his friendships; the enthusiastic genius of young Vane,- extravagant in the ends which he pursued^ sagacious and profound in the means which he employed, incited by the appearances of religion, negligent of the duties of moralityv So little apology woutd be received for past raeastiifes, so contagious the geiieral spirit of discontent, that even! men of the most moderate tempers, and the most attached to the Church and monarchy, exerted themselves with the utmost vigor in the redress of grievances, and in' prosecuting the authors of them. The lively and animated Digby displayed his eloquence on this occasion, the firm and undaunted Capel, the modest and candid Palmer. In this list, too, of pati-iot royalists are found the virtuous names of Hyde and Falkland. Though in their ultimate views and intentions these men differed widely from the former, in their present actions and discourses an entire concurrence and unanimity was observed. 252 HISTORY OP ENGLAND. By the daily harangues and invectives against illegal usurpations, not only the House of Commons inflamed them- selves with the highest animosity against the court ; the nation caught new fire from the popular leaders, and seemed now to have made the first discovery of the many supposed disorders in the government. While the law in several in- stances seemed to be violated, they went no further than some secret and calm murmtirs ; but mounted up into rage and fury as soon as the constitution was thought to be re- stored to its former integrity and vigor. The capital espe- cially, being the seat of Parliament, was highly animated with the spirit of mutiny and disaffection. Tumults were daily raised, seditious assemblies encouraged ; and every man, neglecting his own business, was wholly intent on the defence of liberty and religion. By stronger contagion, the popular affections were communicated from bi-east to breast, in this place of general rendezvous and society. The harangues of members, now first published and dis- persed, kept alive the discontents against the king's adminis- tration. The pulpits, delivered over to puritanical preachers and lecturers, whom the Commons arbitrarily settled in all the considerable churches, resounded with faction and fanati- cism. Vengeance was fully taken for the long silence and constraint in which, by the authority of Laud and the high commission, these preachers had been retained. The press, fi-eed from all fear or reserve, swarmed with productions dangerous by their seditious Zealand calumny more than by any art or eloquence of composition. Noise and fury, cant and hypocrisy, formed the sole rhetoric which, during this tumult of various prejudices and j)assions, could be heard or attended to. The sentence which had been executed against Prynne, Bastwic, and Burton, now suffered a revisal from Parliament. These libellers, far from being tamed by the rigorous punish- ments which they had undergone, showed stitl a disposition of repeating their offence ; and the ministers were afraid lest new satires should issue from their prisons, and still further infiame the prevailing discontents. By an order, therefore, of council, they had been carried to remote prisons — Bastwic to Scilly, Prynne to Jersey, Burton to Guernsey ; all access to them was denied ; and the use of books, and of pen, ink, and paper, was refused them. The sentence for / these additional punishments was immediately ]-eversed , in au arbitrary manner by the Commons; even tlie first sen- HISTORY OF ENGLAND. 253 tence, upon examination, was declared illegal, and the judges who passed it were ordered to make reparation to the suf- ferers.^' Wlien the prisoners landed in England, they were received and entertained with the highest demonstrations of affection, were attended by a mighty confluence of company, their charges were boi'ne with great magnificence, and liberal presents bestowed on them. On their approach to any town, all the inhabitants crowded to receive them, and welcomed their reception with shouts and acclamations. Their train still increased as they drew nigh to London. Some miles from the city, the zealots of their party met them in great multitudes, and attended theirtriumphant entrance. Boughs were carried in this tumultuous procession ; the roads were strewn with flowers, and amid the highest exultations of joy were intermingled loud and virulent invectives against the prelates who had so cruelly persecuted such godly person- ages.'-"' The more ignoble these men were, the more sensible was the insult upon royal authority, and the more dangerous was the spirit of disaffection and mutiny which it discovered among the people. Lilburne, Leighton, and every one that had been pun- ished for seditious libels during the preceding administration, now recovered their liberty, and were decreed damages from the judges and ministers of justice.^^ Not only the present disposition of the nation insured impunity to all libellers ; a new method of framing and dis- persing libels was invented by the leaders of popular discon- tent. Petitions to Parliament were drawn, craving redress against particular grievances; and when a sufficient number of subscriptions were procured, the petitions were presented to the Commons and immediately published. These peti- tions became secret boifds of association among the sub- scribers, and seemed to give undoubted sanction and author- ity to the complaints which they contained. It is pretended by historians favorable to the royal cause,^^ and is even asserted by the king himself in a declara- tion,^' that a most disingenuous or rather criminal practice prevailed in conducting many of these addresses. A petition was first framed — moderate, reasonable, such as men of character willingly subscribed. The names were afterwards torn off and affixed to another petition which served better " Nalson, vol. i. p. 783. May, p. 79. 2» Clarendon, vol. i. pp. 199, 200, etc. Nalson, toI. 1. p. 570. May, p. 80. 21 Eushworth, vol. v. p. 228. Nalson, vol, i. p. 800. 22 Dugdale. Clarendon, vol. i. p. 203. 23 Husb. Col. p. 536. 254 HISTOET OF ENGLAND. the purposes of the popular faction. We may judge of the wild fury which prevailed throughout the nation when so scandalous an imposture, which affected such numbers of people, could be openly practised without drawing infamy and ruin upon the managers. So many grievances were offered, both by the members and by petitions without-doors, that the House was divided into above forty committees, charged each of them with the examination of some particular violation of law and liberty which had been complained of. Besides the general com- mittees of religion, trade, privileges, laws, many subdivisidns of these were framed, and a strict scrutiny was everywhere carried on. It is to be remarked that, before tlie beginning of this century, when the Commons assumed less influence and authority, complaints of grievances were usually pre- sented to the House by any members who had had particular opportunity of observing them. These general committees, which were a kind of inquisitorial courts, had not then been established ; and we find that the king, in a former declara- tion,^ complains loudly of this innovation, so little favorable to royal authority. But never was so much multiplied as at present the use of these committees ; and the Commons, though themselves the greatest innovators, employed the usual artifice of complaining against innovations, and pre- tending to recover the- ancient and established governipept. From the reports of their committees, the IJouse daily passed votes, which mortified and astonished the court, and inflamed and animated the nation. Ship-money was declared illegal and arbitrary ; the sentence against Hambden can- celled ; the Court of York abolished ; compositions for knighthood stigmatized; the enlargement of the forests condemned ; patents for monopolies annulled ; and every late measure of administration treated with reproach and obloquy. To-day, a sentence of the Star-chamber was ex- claimed against; to-morrow, a decree of the high commission. Every discretionary act of council was represented as arbi- trary and tyrannical; and the general inference was still inculcated that a formed design had been laid to subvert the laws and constitution of the kingdom. From necessity, the king remained entirely passive during all these violent operations. The few servants who continued faithful to him were seized with astonishment at M Published on dissolving the third Parliament. See Parliamentary History, vol. Tiii. p. 347. HISTOET op ENGLAND. 255 the rapid progress made by the Commons in power and popularity, and were glad, by their inactive and inoffensive behavior, to compound for impunity. The torrent rising to so dreadful and unexpected a height, despair seized all those who, from interest or habit, were most attached to monarchy. And as for those who maintained their duty to the king merely from their regard to the constitution, they seemed by their concurrence to swell that inundation which began already to deluge everything. " You have taken the whole machine of government in pieces," said Charles, in a dis- course to the Parliament ; " a practice frequent with skilful artists when they desire to clear the wheels from any rust which may have grown upon them. The engine," continued he, "may again be restored to its former use and motions, provided it be put up entire, so as not a pin of it be want- ing." But this was far from the intention of the Commons. The machine, they thought, with some reason, was encum- bered with many wheels and springs which retarded and crossed its operations and destroyed its utility. Happy had they proceeded with moderation, and been contented, in their present plenitude of power, to remove such parts only as might justly be deemed superfluous and incongruous ! In order to maintain that high authority which they had acquired, the Commons, besides confounding and overawing their opponents, judged it requisite to inspire courage into'? '■ their friends and adherents — particularly into the Scots, and i the religious Puritans, to whose assistance and good office&v they were already so much beholden. No sooner were the Scots masters of the northern coun- ties than they laid aside their first professions — which they had not, indeed, means to support — of paying for every- thing ; and, in order to prevent the destructive expedient of plunder and free quarters, the country consented to give them a regular contribution of eight hundred and fifty pounds a day, in full of their subsistence.'^^ The Parliament, that they might relieve the northern counties from so griev- ous a burden, agreed to remit pay to the Scottish as well as to the English army ; and because subsidies would be levied too slowly for so urgent an occasion, money was borrowed from the citizens upon the security of particular members. Two subsidies, a very small sum,^" were at first voted ; and as the intention of this supply was to indemnify the mtm- 25 Knshworth, vol. lii. p. 129.1. ^ It appears that a subsidy was now fallen to fifty thousand pounds. 256 HISTOEY OF ENGLAND. bei's who, by their private, had supported public credit, this pretence was immediately laid hold of, and the money was ordered to be paid, not into the treasury, but to commission- ers appointed by Parliament — a practice which, as it dimin- ished the authority of the crown, was willingly embraced, and was afterwards continued by the Commons with regard to every branch of revenue which they granted to the king. The invasion of the Scots had evidently been the cause of assembling the Parliament ; the presence of their army re- duced the king to that total subjection in which he was now held ; the Commons, for this reason, openly professed their intention of retaining these invaders, till all their own en- emies should be suppressed, and all their purposes effected. " We cannot yet sjiare the Scots," said Strode, plainly, in the House ; " the sons of Zeruiah are still too strong for us." '" An allusion to a passage of Scripture, according to the mode of that age. Eighty thousand pounds a month were requisite for the subsistence of the two armies — a sum much greater than the subject had ever been accustomed, in any former period, to pay to the public. And though several subsidies, together with a poll-tax, were from time to time voted to answer the charge, the Commons still took care to be in debt, in order to render the continuance of the session the more necessary. The Scots being such useful allies to the malcontent party in England, no wonder they were courted with the most unlimited complaisance and the most important ser- vices. The king having, in his first speech, called them rebels, observed that he had given great offence to the Par- liament ; and he was immediately obliged to soften, and even retract, the expression. The Scottish commissioners, of whom the most considerable were the Earl of Rothes and Lord Loudon, found every advantage in conducting their treaty, yet made no haste in bringing it to an issue. They were lodged in the city, and kept an intimate correspondence, as well with the magistrates who were extremely disaffected as with the popular leaders in both Houses. St. Antlioline's church was assigned them for their devotions ; and their chaplains here began openly to ])ractise the Presbyterian form of worship, which, except in foreign languages, had never hitherto been allowed any indulgence or toleration, So violent was the general propensity towards this new re- ligion that multitudes of all ranks crowded to the church. " Dugdale, p. Tl. HISTOKY OF ENGLAND. 257 Those who were bo happy as to find access early in the morning kept their places the whole day ; those who were excluded clung to the doors or windows, in hopes of catch- ing, at least, some distant murmur or broken phrases of the holy rhetoric.^ All the eloquence of Parliament, now well refined from pedantry, animated with the spirit of liberty, and employed in the most important interests, was not at- tended to with such insatiable avidity as were these lectures, delivered with ridiculous cant, and a provincial accent full of barbarism and of ignorance. The most effectual expedient for paying court to the zealous Scots was to promote the Presbyterian discipline and worship throughout England ; and to this innovation the popular leaders among the Commons, as well as their more devoted partisans, were, of themselves, sufiiciently in- clined. The puritanical party, whose progress, though .secret, had hitherto been gradual in the kingdom, tafcingi advantage of the present disorders, began openly to profess their tenets and to make furious attacks on the established reUgion. The prevalence of that sect in the Parliament discovered itself, from the beginning, by insensible but decisive symptoms. Marshall and Burgess, two puritanical clergymen, were chosen to preach before them, and enter- tained them with discourses seven hours in length."" It being the custom of the House always to take the sacrament before they enter upon business, they ordered as a necessary preliminary that the communion-table should be removed from the east end of St. Margaret's into the middle of the area.*" The name of the spiritual lords was commonly left out in acts of Parliament; and the laws ran in the name of King, Lords, and Commons. The clerk of the Upper House, in reading bills, turned his back on the bench of bishops ; nor was his insolence ever taken notice of. On a day ap- pointed for a solemn fast and humiliation, all the orders of temporal peers, contrary to former practice, in going to church, took place of the spiritual ; and Lord Spencer re- marked that the humiliation, that day, seemed confined alone to the prelates. Every meeting of the Commons produced some vehe- ment harangue against the usurpations of the bishops, against the high commission, against the late convocation, against the new canons. So disgusted were all lovers of civil ^ Clarendon, vol. i. p. 189. 2» Nalson, vol. i. dp. 530, 633. "> Nalson, vol. i. p. 537. Vol. IV.— 17 258 HISTOBY OP ENGLAND. liberty at the doctrines promoted by the clergy that these invectives were received without control ; and no distinc- tion, at first, appeared between such as desired only to re- press the exorbitances of the hierarchy and such as pre- tended totally to annihilate episcopal jurisdiction. En- couraged by these favorable appearances, petitions against the Church were framed in different parts of the kingdom. The epithet of the ignorant and vicious priesthood was commonly applied to all churchmen addicted to the estab* lished discipline and worship, though the episcopal clergy in England, during that age, seem to have been, as they are at present, sufficiently learned and exemplary. An address against episcopacy was presented by twelve clergymen to the committee of religion, and pretended to be signed by many hundreds of the puritanical persuasion. But what made most noise was the city petition for a total alteration of Church government — a petition to which fifteen thou- sand subscriptions were annexed, and which was presented by Alderman Pennington, the city member.^' It is remark- able that among the many ecclesiastical abuses there com- plained of, an allowance given by the licensers of books to publish a translation of Ovid's Art of Love is not forgotten fby these rustic censors.'^ j Notwithstanding the favorable disposition of the people, ; the leaders in the House resolved to proceed with caution. I They introduced a bill for prohibiting all clergymen the ex- I ercise of any civil office. As a consequence, the bishops were to be deprived of their seats in the House of Peers — a , measure not unacceptable to the zealous friends of liberty, ' 'who observed with regret the devoted attachment of that order to the will of the monarch. But when this bill was presented to the Peers, it was rejected by a great majority ^ — the first check which the Commons had received in their popular career, and a prognostic of what they might after- wards expect from the upper House, whose inclinations and interests could never be totally separated from the throne. But to show how little they were discouraged, the Puritans immediately brought in another bill for the total abolition of episcopacy ; though they thought proper to let the bill sleep at present, in expectation of a more favorable oppor- tunity of reviving it."* Among other acts of regal executive power which the '1 Clarendon, Tol. i. p. 203. Wliitlocke, p. 37. Nalson, vol. i, p. 666. "2 KuBhworth, vol. v p. 171. sa Clarendon, vol. i. p. 237. »» Ibid. HISTORY OF ENGLAND. 259 Commons were every day assuming, they issued orders for demolishing all images, altars, crucifixes. The zealous Sir Robert Harley, to whom the execution of these orders was committed, removed all crosses even out of streets and markets; and, from his abhorrence of that superstitious figure, would not anywhere allow one piece of wood or stone to lie over another at right angles.^^ The Bishop of Ely and other clergymen were attacked on account of innovations.^^ Cozens, who had long been obnoxious, was exposed to new censures. This clergyman, who was Dean of Peterborough, was extremely zealous for ecclesiastical ceremonies ; and so far from permitting the communicants to break the sacramental bread with their fingers, a privilege on which the Puritans strenuously in- sisted,,he would not so much as allow it to be cut with an ordinary household instrument. A consecrated knife must perform that sacred ofBce, and must never afterwards be profaned by any vulgar service." Cozens likewise was accused of having said, "The king- has no more authority in ecclesiastical matters than the boy who rubs my horse's heels." '* The expression was violent; but it is certain that all those High-Churchmen who were so industrious in reducing the laity to submission were ex- tremely fond of their own privileges and independency, and were desirous of exempting the mitre from all subjection to the crown. A committee was elected by the lower House as a court of inquisition upon the clergy, and was commonly denomi- nated the committee of scandalous ministers. The politi- cians among the Commons were apprised of the great im- portance of the pulpit for guiding the people; the bigots were enraged against the prelatical clergy ; and both of them knew that no established government could be overthrown by strictly observing the principles of justice, equity, or clemency. The proceedings, therefore, of this famous com- mittee, which continued for several years, were cruel and arbitrary, and made great havoc both on the Church and the universities. They began with harassing, imprisoning, and molesting the clergy ; and ended with sequestrating and ejecting them. In order to join contumely to cruelty, they gave the sufferers the epithet of scandalous, and endeavored: '= Whitlocke, p. 45. '« Rushworth, vol. v. p. 351. ^ RuBhwortli, vol. p. 203. '^ Parliamentary Histoiy, vol. v'i. p. 282. Eushworlh, vol. v. p. 209. 260 HISTOET OF ENGLAND. to render them as odious as they were miserable.^' The greatest vices, however, which they could reproach to a great part of them were bowing at the name of Jesus, plac- ing the communion-table in the east, reading the king's orders for sports on Sunday, and other practices which the established government, both in Church and State, had strictly enjoined them. It may be worth observing that all historians who lived near that age, or, what perhaps is more decisive, all authors who have casually made mention of those public transac- tions, still represent the civil disorders and convulsions as proceeding from religious controversy, and consider the political disputes about power and liberty as entirely sub- ordinate to the other. It is true, had the king been able to support government, and at the same time to abstain from all invasion of national privileges, it seems not probable that the Puritans ever could have acquired such authority as to overturn the whole constitution ; yet so entire was the sub- jection into which Charles was now fallen that, had not the wound been poisoned by the infusion of theological hatred, it must have admitted of an easy remedy. Disuse of par- liaments, imprisonments and prosecution of members, shin- money, an arbitrary administration — these were loudly complained of ; but the grievances which tended chiefly to inflame the Parliament and nation, especially the latter, were the surplice, the rails placed about the altar, the bows exacted on approaching it, the liturgy, the breach of the Sabbath, embroidered copes, lawn sleeves, the use of the I'ing in marriage and of the cross in baptism. On account of these were the popular leaders content to throw the govern- ment into such violent convulsions ; and, to the disgrace of that age and of this island, it must be acknowledged that the disorders in Scotland entirely, and those in England mostly, proceeded from so mean and contemptible an origin.^" Some persons, partial to the patriots of this age, have ventured to put them in balance with the most illustrious characters of antiquity, and mentioned the names of Pym, Hambden, Vane, as a just parallel to those of Cato, Brutus, s» Clarendon, toI. i. p. 199. Wliitlocke. p. 122. May, p. SI. "> Lord Clarendon, vol. I. p. 233, says that the parliamentary party were not agreed about the entire abolition of episcopacy ; they wei'e only the roof-aud- hranch men, as they_ .wore called, who insisted on that measure. But those who were willing to retain bishops insisted on reducing their authority to a low ebb, as well as on abolishing the ceremonies of worship and vestments of the clergy. The controversy, therefore, between the parties was almost wholly theological, and that of the most frivolous and ridiculous kind. HISTOBT OF ENGLAND. 261 Cassius. Profound capacity, indeed undaunted courage, ex- tensive enterprise — in these particulars, perhaps, the Roman do not much surpass the English worthies; but Avhat a difference when the discourse, conduct, conversation, and private as well as public behavior of both are inspected ! Compare only one circumstance, and consider its conse- quences. The leisure of those noble ancients was totally employed in the study of Grecian eloquence and philosophy, in the cultivation of polite letters and civilized society. The whole discourse and, lan'guage of the moderns were polluted with mysterious jargon, and full of the lowest and most vulgar hypocrisy. The laws, as they stood at present, protected the Church, but they exposed the Catholics to the utmost rage of the Puritans ; and these unhappy religionists, so obnoxious to the prevailing sect, could not hope to remain long unmolest- ed. The voluntary contribution which they had made, in order to assist the king in his war against the Scottish Covenanters, was inquired into, and represented as the greatest enormity.*^ By an address from the Commons, all officers of that religion were removed from the army, and application was made to the king for seizing two thirds of the lands of recusants — a proportion to which, by law, he was entitled, but which he had always allowed them to possess upon easy compositions. The execution of the severe and bloody laws against priests was insisted on; and one Goodman, a Jesuit, who was found in prison, was condemned to a capital punishment. Charles, however, agreeably to his principles, scrupled to sign the warrant for his execution, and the Commons expressed great resentment on the occa- sion.*^ There remains a singular petition of Goodman, begging to be hanged rather than prove a source of con- tention between the king and his people.*' He escaped with his life ; but it seems more probable that he was over- looked amid affairs of greater consequence than that such unrelenting hatred would be softened by any consideration of his courage and generosity. For some years. Con, a Scotchman, afterwards Rosetti, an Italian, had openly resided at London, and frequented the court, as vested with a commission from the pope. The queen's zeal, and her authority with her husband, had been « Bushworth, vol. v. p. 160. « Bnshworth, vol. v. pp. 158, 169. Nalson. TOl. i. p. 739. « Eushworth, vol. v. p. 166. Nalson, vol. i. p. 749. 262 niSTOET OF England. the cause of this imprudence, so offensive to the nation/^ But the spirit of bigotry now rose too high to permit any longer such indulgences.^* Hayward, a justice of peace, having been wounded, when employed in the exercise of his ofKce, by one James, a Catholic madman, this enormity was ascribed to the popery, not to the frenzy, of the assassin ; and great alarms seized the nation and Parliament.^^ A universal conspiracy of the Papists was supposed to have taken place ; and every man, for some days, imagined that he had a sword at his throat. Though some persons of family and distinction were still attached to the Catholic superstition, it is certain that the numbers of that sect did not amount to the fortieth part of the nation ; and the frequent panics to which men, during this period, were so subject on account of the Cath- olics were less the effects of fear than of extreme rage and aversion entertained against them. The queen-mother of France, having been forced into banishment by some court intrigues, had retired into Eng- land, and expected shelter, amid her pi'esent distresses, in the dominions of her daughter and son-in-law. But though she behaved in the most inoffensive manner, she was in- sulted by the populace on account of her religion, and was e\'en threatened with worse treatment. The Earl of Hol- land, Lieutenant of Middlesex, had ordered a hundred musketeers to guard her ; but finding that they had imbibed the same prejudices with the rest of their countrymen, and were unwillingly employed in such a service, he laid the case before the House of Peers ; for the king's authority was now entirely annihilated. He represented the indignity of the action that so great a princess, mother to the King of France and to the Queens of Spain and England, should be affronted by the multitude. He observed the indelible re- proach which would fall upon the nation if that unfortunate queen should suffer any violence from the misguided zeal of the people. He urged the sacred rights of hospitality due to every one, much more to a person in distress, of so high a rank, with whom the nation was so nearly connected. « It is now known from the Clarendon papers that the king had also an au- thorized agent who resided at Rome. His name was Bret, and his chief business was to negotiate with the pope concerning indulgences to the Catholics, and to engage the Catholics in return to be good and loyal subjects. But this whole matter, though very innocent, was most carelully kept secret. The king says that he believed Bret to be as much his as any Papist could be. See pp. 348, 354. *3 RuBhworth, vol. v. p. 301, '« Clarendon, vol. i. p. 249. Eushworth, vol. p. 57. HISTOET OF ENGLAND. 263 The Peers thought proper to communicate the matter to the Commons, whose authority over the people was absolute. The Commons agreed to the necessity of protecting the queen-mother, but at the same time prayed that she might be desii'ed to depart the kingdom, "for the quieting those jealousies in the hearts of his majesty's well-affected sub- jects, occasioned by some ill instruments about the queen's person, by the flowing of priests and Papists to her house, and by the use and practice of the idolatry of the mass, and exercise of other -superstitious services of the Romish Church, to the great scandal of true religion." ^' . Chaiies, in the former part of his reign, had endeavored j to overcome the intractable and encroaching spirit of the | Commons by a perseverance in his own measures, by a ' stately dignity of behavior, and by maintaining at their ut- j most height, and even perhaps stretching beyond former precedent, the rights of his prerogative. Finding, by ex- [ i perience, how unsuccessful those measures had proved, and observing the low condition to which he was now reduced, he resolved to alter his whole conduct, and to regain the confidence of his people by pliableness, by concessions, and by a total conformity to their inclinations and prejudices. It may safely be averred that this new extreme into which the king, for want of proper counsel or support, was fallen, became no less dangerous to the constitution and pernicious to public peace than the other in which he had so long and so unfortunately persevered. The pretensions with regard to tonnage and poundage were revived, and with certain assurance of success, by the Commons.** The levying of these duties, as formerly, with- out consent of Parliament, and even increasing them at pleasure, was such an incongruity in a free constitution, where the people, by their fundamental privileges, cannot be taxed but by their own consent, as could no longer be endured by these jealous patrons of liberty. In the pre- amble, therefore, to the bill by which the Commons granted these duties to the king, they took care, in the strongest and most positive terms, to assert their own right of bestowing this gift, and to divest the crown of all independent title of assuming it. .And that they might increase, or rather finally « Bushwortli, vol. v. p. 267. ^8 It appears not that the Commons, though now entirely masters, abolished the new impositions of James, against which they had formerly so loudly com- plained—a certain proof that the rates of customs settled by that prince were in most instances just, and proportioned to the new price of commodities. They seem rather to have been low. See Journal, August 10, 1625. 264 HISTOET OP ENGLAND. fix, the entire dependence and subjection of the king, they voted these duties only for two months, and afterwards, from time to time, renewed their grants for very short periods.^^ Charles, in order to show that he entertained no intention ever again to separate himself from his Parlia- ment, passed this important bill without any scruple or hesitation.^ With regard to the bill for triennial parliaments, he made a little diiBculty. By an old statute, passed during the reign of Edward III., it had been enacted that parlia- ments should be held once every year, or more frequently if necessary ; but, as no provision had been made in case of failure, and no precise method pointed out for execution, this statute had been considered merely as a general dec- laration, and was dispensed with at pleasure. The defect was supplied by those vigilant patriots who now assumed the reins of government. It was enacted that if the chan- cellor, who was first bound under severe penalties, failed to issue writs by the 3d of September in every third year, any twelve or more of the Peers should be empowered to exert this authority ; in default of the Peers, that the sheriffs, mayors, bailiffs, etc., should summon the voters ; and in their default, that the voters themselves should meet and proceed to the election of members, in the same manner as if writs had been regularly issued from the crown. Nor could the Parliament, after it was assembled, be adjourned, prorogued, or dissolved without their own consent, duiing the space of fifty days. By this bill some of the noblest and most valuable prerogatives of the crown were re- trenched ; but at the same time nothing could be more nec- essary than such a statute for completing a regular plan of law and liberty. A great reluctance to assemble parlia- ments must be expected in the king, where these assemblies, as of late, established it as a maxim to carry their scrutiny into every part of government. During long intermissions of Parliament, grievances and abuses, as was found by re- cent experiences, would naturally creep in ; and it would even become necessary for the king and council to exert a great discretionery authority, and by acts of state to supply m eveiy emergency, the legislative power, whose meeting „., " F n™^ an instraotion given by the Honse to the committee which framed one of these bills to take care that the rates npon exportation may be a" lieht as S?fnfl!;n^^' """;; ™P°rtation as heavy as trade will bea ""Uproot thatthlnat^ "'^®r.''l^'""'^?"'®'"'San now to be understood. Journal, June 1 1641 '>" Clarendon, vol. i. p. 208. HISTORY OF ENGLAND. 265 was SO uncertain and precarious. Charles, finding that nothing less would satisfy his Parliament and people, at last gave his assent to this bill, which produced so great an innovation in the constitution.^^ Solemn thanks were pre- sented him by both Houses ; great rejoicings were expressed both in the city and throughout the nation ; and mighty professions were everywhere made of gratitude and mutual returns of supply and confidence. This concession of the king, it must be owned, was not entirely voluntary ; it was of a nature too important to be voluntary. The sole in- ference which his partisans were entitled to draw from the submissions so frankly made to present necessity was, that he had certainly adopted a new plan of govei-nment, and for the future was resolved, by every indulgence, to acquire the confidence and affections of his people. Charles thought that what concessions were made to the public were of little consequence if no gratifications were bestowed on individuals who had acquired the direction of public counsels and determinations. A change of ministers as well as of measures was therefore resolved on. In one day several new privy-councillors were sworn — the Eai-ls of Hertford, Bedford, Essex, Bristol ; the Lords Say, Saville, Kimbolton ; within a few days after was admitted the Earl of Warwick.'^ All these noblemen were of the popular party, and some of them afterwards, when matters were pushed to extremities by the Commons, proved the greatest support of monarchy. Juxon, Bishop of London, who had never desired the treasurer's staff, now earnestly solicited for leave to resign it, and retire to the care of that turbulent diocese commit- ted to him. The king gave his consent ; and it is remark- able that during all the severe inquiries carried on against the conduct of ministers and prelates, the mild and prudent virtues of this man, who bore both these invidious charac- ters, remained unmolested.*' It was intended that Bedford, a popular man of great authority as well as wisdom and moderation, should succeed Juxon ; but that nobleman, un- fortunately both for king and people, died about this very time. By some promotions, place was made for St. John, who was created solicitor-general. HolHs was to be made secretary of state, in the room of Windebank, who had fled; Pym, chancellor of the exchequer, in the room of Lord Cot- =1 Clarendon, vol. i. p. 209. Whitlocke, p. 39. Kushworth, vol. t. p. 189. K Clarendon, Tol. i. p. 195. '* Warwick, p. 95. 266 HISTOET OF ENGLAND. tington, who had resigned ; Lord Say, master of the wards, in the room of the same nobleman ; the Earl of Essex, gov- ernor ; and Hambden, tutor to the prince.^^ What retarded the execution of these projected changes was the difficulty of satisfying all those who, from their activity and authority in Parliament, had pretensions for offices, and who still had it in their power to embarrass and distress the public measures. Their associates, too, in pop- ularity, whom the king intended to distinguish by his favor, were unwilling to undergo the reproach of having driven a separate bargain, and of sacrificing to their own ambitious views the cause of the nation. And as they were sensible that they must owe their preferment entirely to their weight and consideration in Parliament, they were most of them resolved still to adhere to that assembly, and both to pro- mote its authority and to preserve their own credit in it. On all occasions, they had no other advice to give the king than to allow himself to be directed by his great council; or, in other words, to resign himself passively to their guid- ance and government. And Charles found that, instead of acquiring friends by the honors and offices which he should bestow, he should only arm his enemies with more power to hurt him. The end on which the king was most intent in changing ministers was to save the life of the Earl of Strafford, and to mollify by these indulgences the rage of his most furious prosecutors. But so high was that nobleman's reputation for experience and capacity that all the new councillors and intended ministers plainly saw that if he escaped their ven- geance, he must return into favor and authority ; and they regarded his death as the only security which they could have both for the establishment of their present power and for success in their future enterprises. His impeachment, therefore, was pushed on with the utmost vigor ; and, after .long and solemn preparations, was brought to a final issue. I Immediately after Strafford was sequestered from Par- liament and confined in the Tower, a committee of thirteen IjWas chosen by the lower House, and intrusted with the office of preparing a charge against him. These, joined to \a small committee of Lords, were vested with authority to examine all witnesses, to call for every paper, and to use any means of scrutiny with regard to any part of the earl's behavior and conduct.^* After so general and unbounded « Clarendon, vol. 1. pp. 210, 211. ■* Clarendon, vol, i. p. 192. HISTOEY OP ENGLAND. 267 an inquisition, exercised by such powerful and implacable enemies, a man must have been very cautious or very inno- cent not to afford, during the whole course of his life, some matter of accusation against him. This committee, by direction from both Houses, took an oath of secrecy — a practice very unusual, and which gave them the appearance of conspirators more than ministers of justice.** But the intention of this strictness was to render it more difficult for the earl to elude their search, or prepare for his justification. Application was made to the king that he would allow this committee to examine privy-councillors with i-egard to opinions delivered at the board — a concession which Charles unwarily made, and which thenceforth banished all mutual confidence from the deliberations of council, where every man is supposed to have entire freedom, without fear of future punishment or inquiry, of proposing any expedient, questioning any opinion, or supporting any argument." Sir George Ratcliffe, the earl's intimate friend and con- fidant, was accused of high treason, sent for from Ireland, and committed to close custody. As no charge ever ap- peared, or was prosecuted against him, it is impossible to .give a more charitable interpretation to this measure than that the Commons thereby intended to deprive Strafford, in his present distress, of the assistance of his best friend, who was most enabled by his testimony to justify the inno- cence of his patron's conduct and behavior.*" When intelligence arrived in Ireland of the plans laid for Strafford's ruin, the Irish House of Commons, though they had very lately bestowed ample praises on his admin- istration, entered into all the violent counsels against him, and prepared a representation of the miserable state into which, by his misconduct, they supposed the kingdom to be fallen. They sent over a committee to London to assist in the prosecution of their unfortunate governor ; and by inti- mations from this committee, who entered into close con- federacy with the popular leaders in England, was every measure of the Irish Parliament governed and directed. Impeachments, which were never prosecuted, were carried up iigainst Sir Richard. Bolton, the chancellor; Sir Gerard Louther, chief-justice; and Bramhall, Bishop of Derry.*' This step, which was an exact counterpart to, the proceed- M Whitlocke, p. 37. " Clarendon, vol. 1. p. 193. M Clarendon, vdl. i. p. 214. ^ Kushworth, vol. i. p. 214. 268 HISTOKY OF ENGLAND. ings in England, served also the same purposes : it deprived the king of the ministers whom he most trusted ; it discour- aged and terrified all the other ministers ; and it prevented those persons who were best acquainted with Strafford's counsels from giving evidence in his favor before the Eng- lish Parliament. The bishops, being forbidden by the ancient canons to assist in trials for life, and being unwilling, by an opposi- tion, to irritate the Commons, who were already much prej- udiced against them, thought proper of themselves to witli- draw.™ The Commons also voted that the new-created peers ought to have no voice in this trial ; because the accu- sation being, agreed to while they were commoners, their con- sent to it was implied, with that of all the Commons of Eng- land. Notwithstanding this decision, which was meant only to deprive Strafford of so many friends. Lord Seymour and some others still continued to keep their seats; nor was their right to it any further questioned.^* To bestow the greater solemnity on this important trial, scaffolds were erected in Westminster Hall; where both Houses sat, the one as accusers, the other as judges. Be- sides the chair of state, a close gallery was prepared for the king and queen, who attended during the whole trial.^^ An accusation carried on by the united effort of three kingdoms against one man, unprotected by power, unassisted by counsel, discountenanced by authority, was likely to prove a very unequal contest ; yet such were the capacity, genius, presence of mind, displayed by this magnanimous statesman, that, while argument and reason and law had any place, he obtained an undisputed victory. And he perished at last, overwhelmed and still unsubdued, by the open violence of his fierce and unrelenting antagonists. [1641.] The articles of impeachment against Strafford are twenty-eight in number ; and regard his conduct, as president of the Council of York, as deputy or lieutenant of Ireland, and as councillor or commander in England. But though four months were employed by the managers in framing the accusation, and all Strafford's answers were extemporary, it appears from comparison, not only that he was free from the crime of treason, of which there is not the least appearance, but that his conduct, making allow- '»> Clarendon, vol. i. p. 216. si Ibid. «2 Whitlocke, p. 40. Kushworth, vol. Iv. p. 41. May, p. 90. HISTOEY OF ENGLAND. 269 ance for human frailties, exposed to such severe scrutiny, was innocent, and even laudable. The powers of the northern council, while he was presi- dent, had been extended by the king's instructions beyond what formerly had been practised ; but that court being at first instituted by a stretch of royal prerogative, it had been usual for the prince to vary his instructions ; and the larg- est authority committed to it was altogether as legal as the most moderate "and most limited. Nor was it reasonable to conclude that Strafford had used any art to procure those extensive powers ; since he never once sat as president, or exercised one act of jurisdiction after he was invested with the authority so much complained of.*' In the government of Ireland, his administration had been equally promotive of his master's interest and that of the subjects committed to his care. A large debt he had paid off ; he had left a considerable sum in the exchequer ; the revenue, which never before answered the charges of government, was now raised to be equal to them ; ^ a small standing army, formerly kept in no order, was augmented, and was governed by exact discipline ; and a great force was there raised and paid for the support of the king's au- thority against the Scottish Covenanters. Industry and all the arts of peace were introduced among that nide people ; the shipping of the kingdom aug- mented a hundred-fold ; ** the customs tripled upon the same rates ; ^* the exports double in value to the imports ; manufactures, particularly that of linen, introduced and promoted ; *' agriciilture, by means of the English and Scottish plantations, gradually advancing ; the Protestant religion encouraged, without the persecution or discontent of the Catholics. The springs of authority he had enforced without over- straining them. Discretionary acts of jurisdiction, indeed, he had often exerted, by holding courts-raartial, billeting soldiers, deciding causes upon paper petitions before the council, issuing proclamations, and punishing their infrac- tion. But discretionary authority during that age was usually exercised even in England. In Ireland it was still more requisite, among a rude people not yet thoroughly subdued, averse to the religion and manners of their con- '^ Rush worth, vol. it. p. 145. "* Eusliworth, vol. iv. pp. 120, 247. Warwick, p. 115. 05 Nalson, TOl. ii. p. 45. '" Eushworth, vol. Iv. p. 124. "' Warwick, p. 115. 270 HISTORY OF ENGLAND. querors, ready on all occasions to relapse into rebellion and disordei-. While the managers of the Commons demanded, every moment, that the deputy's conduct should be exam- ined by the line of rigid law and severe principles, he ap- pealed still to the practice of all former deputies, and to the uncontrollable necessity of his situation. So great was his art of managing elections and balanc- ing parties that he had engaged the Irish Parliament to vote whatever was necessary, both for the paylnent of former debts and for support of the new-levied army ; nor had he ever been reduced to the illegal expedients practised in England, for the supply of public necessities. No ini] uta- tion of rapacity could justly lie against his administration. Some instances of imperious expressions, and even actions, may be met with. The case of Lord Mountnorris, of all those which were collected with so much industry, is the most flagrant and the least excusable. It had been reported at the table of Lord Chancellor Loftus that Annesley, one of the deputy's attendants, in moving a stool, had sorely hurt his master's foot, who was at that time afflicted with the gout. " Perhaps," said Mountnorris, who was present at table, " it was done in re\'enge of that public affi-ont which my lord deputy for- merly put upon him ; but he has a brother who would not have taken such a revenge." This casual, and seemingly in- nocent, at least ambiguous, expression was reported to Strafford, who, on pretence that such a suggestion might prompt Annesley to avenge himself in another manner, or- dered Mountnorris, who was an ofiicer, to be tried by a court-martial for mutiny and sedition against his general. The court, which consisted of the chief officers of the array, found the crime capital, and condemned that nobleman to lose his head.^° In vain did Strafford plead, in his own defence, against this article of impeachment that the sentence of Mountnor- ris was the deed, and that too unanimous, of the court, not the act of the deputy ; that he spake not to a member of the court, nor voted in the cause, but sat uncovered as a party, and then immediately withdrew, to leave them to their freedom ; that, sensible of the iniquity of the sentence, he procured his majesty's free pardon to Mountnorris ; and that he did not even keep that nobleman a moment in sus- pense with regard to his fate, but instantly told him that he ™ Ro^wortli, vol. iv. p. 187. HISTORY OF ENGLAND. 271 himself would sooner lose his right hand than execute such a sentence, nor was his lordship's life in any danger. In vain did Strafford's friends add, as a further apology, that Mountnorris was a man of an infamous character, who paid court by the lowest adulation to all deputies while present, and blackened their character by the vilest calumnies when recalled ; and that Strafford, expecting like treatment, had used this expedient for no other purpose than to subdue the petulant spirit of the man. These excuses alleviate the guilt ; but there still remains enough to prove that the mind of the deputy, though great and firm, had been not a little debauched by the riot of absolute power and uncon- trolled authority. When Strafford was called over to England, he found everything fallen into such confusion by the open rebellion of the Scots and the secret discontents of the English, that, if he had counselled or executed any violent measure, he might, perhaps, have been able to apologize for his conduct from the great law of necessity, which admits not, while the necessity is extreme, of any scruple, ceremony, or de- lay .*' But, in fact, no illegal advice or action was proved against him ; and the wh61e amount of his guilt during this period was some peevish, or at most imperious, expressions which, amid such desperate extremities and during a bad state of health, had unhappily fallen from him. If Strafford's apology was, in the main, so satisfactory when he pleaded to each particular article of the charge, his victory was still more decisive when he brought the whole together and repelled the imputation of treason, the crime which the Commons would infer from the full view of his conduct and behavior. Of all species of guilt, the law of England had, with the most scrupulous exactness, defined that of treason ; because on that side it was found most necessary to protect the subject against the violence of the king and of his ministers. In the famous statute of Edward III. all the kinds of treason are enumerated, and every other crime, besides such as are there expressly men- tioned, is carefully excluded from that appellation. But with regard to this guilt, "an endeavor to subvert the fundamental laws," the statute of treasons is totally silent ; aind arbitrarily to introduce it into the fatal catalogue is it- self a subversion of all law ; and, under color of defending liberty, reverses a statute the best calculated for the security «" Kushworth, vol. iv. p. 559. 272 HISTOEY OF ENGLAND. of liberty that had ever been enacted by an English Parlia- ment. As this species of treason, discovered by the Commons, is entirely new and unknown to Jhe laws, so is the species of proof by which they pretend to fix that guilt upon the prisoner. They have invented a kind of accumulative or constructive evidence, by which many actions, either totally innocent in themselves or criminal in a much inferior degree, shall, when united, amount to treason, and subject the per- son to the highest penalties inflicted by the law. A hasty and unguarded word, a rash and passionate action, assisted by the malevolent fancy of the accuser, and tortured by doubtful constructions, is transmuted into the deepest guilt; and the lives and fortunes of the whole nation, no longer protected by justice, are subjected to arbitrary will and pleasure. " Where has this species of guilt lain so long concealed ? " said Strafford, in conclusion ; " where has this fire been so long bui'ied, during so many centuries, that no smoke should appear till it burst out at once, to consume me and my chil- dren? Better it were to live under no law at all, and, by the maxim of cautious prudence, to conform ourselves, the best we can, to the arbitrary will of a master than fancy we have a law on which we can rely, and find at last that this law shall inflict a punishment precedent to the promul- gation, and try us by maxims unheard of till the very moment of the prosecution. If I sail on the Thames, and split my vessel on an anchor, in case there be no buoy to give warning, the party shall pay me damages ; but if the anchor be marked out, then is the striking on it at my own peril. W here is the mark set upon this crime ? where the token by which I should discover it? It has lain concealed under water ; and no human prudence, no human innocence, could save me from the destruction with which I am at present threatened. " It is now full two hundred and forty years since trea- sons were defined ; and so long has it been since any man was touched to this extent upon this crime before myself. We have lived, my lords, happily to ourselves at home ; we have lived gloriously abroad to the world. Let us be con- tent with what our fathers have left us ; let not our ambition carry us to be more learned than they were in these killing and destructive arts. Great wisdom it will be in your lord- ships, and just providence for yourselves, for your poster- HISTORY OP ENGLAND. 273 ities, for the whole' kingdom, to cast from you into the fire these bloody and mysterious volumes of arbitrary and con- structive treasons, as the primitive Christians did their books of curious arts, and betake yourselves to the plain letter of the statute, which tells you where the crime is, and points out to you the path by which you may avoid it. "Let us not, to our own destruction, awake those sleep- ing lions by rattling up a company of old records, which have lain for so many ages by the wall forgotten and neg- lected. To all my afflictions add not this, my lords, the most severe of any — that I for my other sins, not for my treasons, be the means of introducing a precedent so per- nicious to the laws and liberties of my native country. " However, these gentlemen at the bar say they speak for the commonwealth, and they believe so; yet, under favor, it is I who, in this particular, speak for the common- wealth. Precedents like those which are endeavored to be established against me must draw along such inconveniences and miseries that, in a few years, the kingdom will be in the condition expressed in a statute of Henry IV., and no man shall know by what rule to govern his words and actions. " Impose not, my lords, difficulties insurmountable upon ministers of state,-nor disable them from serving with cheer- fulness their king and country. If you examine them, and under such severe penalties, by every grain, by every little weight, the scrutiny will be intolerable. The public affairs of the kingdom must be left waste ; and no wise man who has any honor or fortune to lose will ever engage himself in such dreadful, such unknown perils. "My lords, I have now troubled your lordships a great deal longer than I should have done. Were it not for the interest of these pledges, which a saint in heaven left me, I should be loath — " Here he pointed to his children, and his weeping stopped him. " What I forfeit for myself, it is nothing ; but, I confess, what my indiscretion should forfeit for them, it wounds me very deeply. You will be pleased to pardon my infirmity : something 1 should have said, but I -see I shall not be able, and therefore I shall leave it. "And now, my lords, I thank God I have been, by his blessing, sufficiently instructed in the extreme vanity of all temporary enjoyments compared to the importance of our eternal duration. And so, my lords, even so, with all humility, and with all tranquillity of mind, I submit, clearly Vol. IV.— Id 274 HISTOKT OF ENGLAND. and freely, to your judgments ; and whether that righteous doom shall be to life or death, I shall repose myself, full of gratitude and confidence, in the arms of the great Author of my existence." "' "Certainly," says Whitlocke," with his usual candor, "never any man acted such a part, on such a theatre, with more wisdom, constancy, and eloquence, with greater rea^ son, judgment, and temper, and with a better grace in all his words and actions, than did this great and excellent per- son ; and he moved the hearts of all his auditors, some few excepted, to remorse and pity." It is remarkable that the historian who expresses himself in these terms was himself chairman of that committee which conducted the impeach- ment against this unfortunate statesman. The accusation and defence lasted eighteen days. The managers divided the several articles among them, and attacked the prisoner with all the weight of authority, with all the vehemence of rhetoric, with all ihe accuracy of long preparation. Straf- ford was obliged to speak with deference and reserve towards his most inveterate enemies, the Commons, the Scottish nation, and the Irish Parliament. He took only a very short time, on each article, to recollect himself ; yet he alone, without assistance, mixing modesty and humility with firmness and vigor, made such a defence that the Com- mons saw It impossible, by a legal prosecution, ever to obtain a sentence against him. But the death of Strafford was -too important a stroke of party to he left unattempted by any expedient, however extraordinary. Besides the great genius and authority of that minister, he had threatened some of the popular leaders with an impeachment ; and had he not himself been suddenly prevented by the impeachment of the Commons, he had, that very day, it was thought, charged Pym, Harab- den, and others with treason, for having invited the Scots to invade England. A bill of attainder was therefore brought into the lower House immediately after finishing these pleadings ; and preparatory to it a new proof of the earl's guilt was produced, in order to remove such scruples as might be entertained with regard to a method of pro- ceeding so unusual and irregular. Sir Henry Vane, secretary, had taken some notes of a debate in council after the dissolution of the last Parlia- ment; and, being at a distance, he had sent the keys of ™ KuBh worth, vol. iv. p. 659, etc. " Page 41. HISTOKY OF ENGLAND. 275 his cabinet, as was pretended, to his son, Sir Henry, in order to search for some papers which was necessary for' completing a marriage settlement. Young Vane, falling upon this paper of notes, deemed the matter of the utmost importance ; and immediately communicated it to Pym, who now produced the paper before the House of Com- mons. The question before the council was, "Offensive or defensive war with the Scots." The king proposes this difficulty, "But how can I undertake offensive war if I have no more money?" The answer ascribed to Strafford was in these words: "Borrow of the city a hundred thou- sand pounds ; go on vigorously to levy ship-money. .Your majesty having tried the affections of your people, you are absolved and loose from all rules of government, and may do what power will admit. Your majesty, having tried all ways, shall be acquitted before God and man. And you have an army in Ireland, which you may employ to reduce this kingdom to obedience ; for I am confident the Scots cannot hold out five months." There followed some coun- sels of Laud and Cottington, equally violent, with regard to the king's being absolved from all rules of government.'^ This paper, with all the circumstances of its discovery and communication, was pretended to be equivalent to two witnesses, and to be an unanswerable proof of those per- nicious counsels of Strafford which tended to the subversion of the laws and constitution. It was replied by Strafford and his friends that old Vane was his most inveterate and declared enemy; and if the secretary himself, as was by far most probable, had willingly delivered to his son this paper of notes, to be communicated to Pym, this implied such a breach of oaths and of trus,t as rendered him totally unworthy of all credit. That the secretary's deposition was at first exceedingly dubious : upon two examinations he could not remember any such words ; even the third time his testi- mony was not positive, but imported only that Strafford had spoken such or such-like words ; and words may be very like in sound, and differ much in sense ; nor ought the lives of men to depend upon grammatical criticisms of any expressions, much less of those which had been delivered by the speaker without premeditation, and committed by the hearer for any time, however short, to the uncertain record of memory. That in the present case, changing this king- dom into that kingdom, a very slight alteration, the earl's " Clarendon, vol. i. pp. 223, 229, 230, etc. Whitlooke, p. 41. May, p. 93. 276 HISTOET OF ENGLAND. discourse could regard nothing but Scotland, and implies no advice unworthy of an English councillor. That even re- taining the expression this kingdom, the words may fairly be understood of Scotland, which alone was the kingdom that the debate regarded, and which alone had thrown off allegiance, that could be reduced to obedience. That it could be proved, as well by the evidence of all the king's, ministers as by the known disposition of the forces, that the intention never was to land the Irish army in England, but in Scotland. That of six other councillors present. Laud and Windebank could give no evidence ; Northumberland, Hamilton, Cottington, and Juxon could recollect no such expression ; and the advice was too remarkable to be easily forgotten. That it was nowise probable such a desperate counsel would be openly delivered at the board, and before Northumberland, a person of that high rank, and whose at- tachments to the court were so much weaker than his con- nections with the country. That though Northumberland, and he alone, had recollected some such expression as thai " of being absolved from rules of government," yet in such desperate extremities as those into which the king and kingdom were then fallen, a maxim of that nature, allowing it to be delivered by Strafford, may be defended upon prin- ciples the most favorable to law and liberty. And that nothing could be more iniquitous than to extract an accusa- tion of treason from an opinion simply proposed at the council-table, where all freedom of debate ought to be per- mitted, and where it was not unusual for the members, in order to draw forth the sentiments of others, to propose counsels very remote from their own secret advice and judgment." I The evidence of Secretary Vane, though exposed to I such insurmountable objections, was the real cause of Straf- ford's unhappy fate, and made the bill of attainder pass the ICommons with no greater opposition than that of fifty-nine ^dissenting votes. But there remained two other branches of the legislature — the King and the Lords — whose assent was requisite ; and these, if left to their free judgment, it was easily foreseen, would reject the bill without scruple or deliberation. To overcome this difficulty, the popular leaders employed expedients, for which they were beholden jiartly . to their own industry, partly to the indiscretion of their adversaries. " EuBljworth, vol. iv. p. 560. HISTORY OF ENGLAND. 277 Next Sunday after the bill passed the Commons, the puritanical pulpits resounded with declamations concerning the necessity of executing justice upon great delinquents.'^ The populace took the alarm. About six thousand men, armed with swords and cudgels, flocked from the city, and surrounded the Houses of Parliament.'"' The names of the fifty-nine Commoners who had voted against the bill of at- tainder were posted up under the title of " Straffordians, and betrayers of their country." These were exposed to all the insults of the ungovernable multitude. When any of the Lords passed, the cry tov Justice against Strafford re- sounded in their ears ; and such as were suspected of friend- ship to that obnoxious minister were sure to meet with menaces not unaccompanied with symptoms of the most desperate resolutions in the furious populace." Complaints in the House of Commons being made against these violences, as the most flagrant breach of privilege, the ruling members, by their affected coolness and indifference, showed plainly that the popular tumults were not disagree- able to them." But a new discovery, made about this time, served to throw everything into still greater flame and com- bustion. Some principal ofiicers — Piercy, Jermyn, O'Neale, Gor- ing, Wilmot, Pollard, Ashburnham — partly attached to the court, partly disgusted with the Parliament, had formed a plan of engaging into the king's service the English army, whom they observed to be displeased at some marks of preference given by the Commons to the Scots. For this purpose, they entered into an association, took an oath of secrecy, and kept a close correspondence with some of the king's servants. The form of a petition to the king and Parliament was concerted ; and it was intended to get this petition subscribed by the army. The petitioners there re- present the great and unexampled concessions made by the king for the security of public peace and liberty ; the end- less demands of certain insatiable and turbulent spirits, whom nothing less will content than a total subversion of the ancient constitution ; the frequent tumults which these factious malcontents had excited, and which endangered the liberty of Parliament. To prevent these mischiefs, the army offered to come up and guard that assembly. " So " Whitlocke, p. 43. '= Ibid. ™ Clarendon, vol. i- pp. 232, 256. Kushworth. vol. v. pp. 248, 1279. " Whitlocke, ut supra. 278 HISTOET OF ElfGLAND. shall the nation," as they express themselves in the con- clusion, " not only be vindicated from preceding innovations, but be secured from the future, which are threatened, and which are likely to produce more dangerous effects than tlie former.'"' The draught of this petition being conveyed to the king, he was prevailed on somewhat imprudently to countersign it himself as a mark of his approbation. But as several difficulties occurred, the project was laid aside two months before any public discovery was made of it. It was Goring who betrayed the secret to the popular leaders. The alarm may easily be imagined which this intelligence conveyed. Petitions from the military to the civil power are always looked on as disguised, or rather un- disguised, commands; and are of a nature widely different from petitions presented by any other rank of men. Pym opened the matter in the House.™ On the first intimation of a discovery, Piercy concealed himself, and Jermyn with- drew beyond sea. This further confirmed the suspicion of a dangerous conspiracy. Goring delivered his evidence be- fore the House. Piercy wrote a letter to his brother Northumberland, confessing most of the particulars.*" Both their testimonies agree with regard to the oath of secrecy ; and, as this circumstance had been denied by Pollard, Ash- burnham, and Wilmot, in all their examinations, it was re- garded as a new proof of some desperate resolutions which had been taken. To convey more quickly the terror and indignation at this plot, the Commons voted that a protestation should be signed by all the members. It was sent up to the Lords, and signed by all of them, except Southampton and Robarts. Orders were given by the Commons alone, without other authoi'ity, that it should be subscribed by the whole nation. The protestation was in itself very inoffensive, even insig- nificant, and contained nothing but general declarations that the subscribers would defend their religion and liberties ; *^ but it tended to increase the popular panic, and intimated, what was more expressly declared in the preamble, that these blessings were now exposed to the utmost peril. Alarms were every day given of new conspiracies.''^ In Lancashire, great multitudes of Papists were assembling ; secret meetings were held by them in caves and under- " Clarendon, vol. i. p. 247. Whitlocke, p. 43. ™ Eushwortli, vol. y. p. 240. 8» Kushworth, vol. v. p. 265. 81 Clarendon, vol. i. p. 262. Eushvrorth, vol. v. p. 241. Warwick, p. 180. '' Dugdale, p. 69. Franklyn, p. 901. HISTOEY OP ENGLAND. 279 ground, in Surrey ; they had entered into a plot to blow up the river with gunpowder, in order to drown the city ;*' pro- visions of arms were making beyond sea ; sometimes France, sometimes Denmark, was forming designs against the king- dom ; and the populace, who are always terrified with pres- ent, and enraged with distant dangers, were still further ani- mated in their demands of justice against the unfortunate Strafford. The king came to the House of Lords ; . and, though he expressed his resolution — for which he offered them any security — never again to employ Strafford in any branch of public business, he professed himself totally dissatisfied with regard to the circumstance of treason, and on that account declared his difficulty in giving his assent to the bill of at- tainder.** The Commons took fire, and voted it a breach of privilege for the king to take notice of any bill depending before the Houses. Charles did not perceive that his attach- ment to Strafford was the chief motive for the bill ; and that the greater proofs he gave of anxious concern for this minister, the more inevitable did he render his destruction. About eighty peers had constantly attended Strafford's trial ; but such apprehensions were entertained on account of the popular tumiults that only forty-five were present when the bill of attainder was brought into the House, yet, of these, nineteen had the courage to vote against it ^ — a certain proof that if entire freedom had been allowed, the bill had been rejected by a great majority. In carrying up the bill to the Lords, St. John, the solicitor- general, advanced two topics well suited to the fury of the times : that though the testimony against Strafford were not clear, yet, in this way of bill, private satisfaction to each man's conscience was sufficient, even should no evidence at all be produced ; and that the earl had no title to plead law, because he had broken the law. " It is true," added he, " we give law to hares and deer ; for they are beasts of chase. But it was never accounted either cruel or unfair to destroy foxes or wolves wherever they can be found, for they are beasts of prey." ^ After popular violence had prevailed over the Lords the same battery was next applied to force the king's assent. The populace flocked about "Whitehall, and accompanied their demand of justice with the loudest clamors and most 83 Sir Edward Walker, p. S49. ' « Eushworth, vol. v. p. 239. •» Whitlooke, p. 43. » Clarendon, vol. i. p. 232. 280 HISTOET OF ENGLAND. open menaces. Rumors of conspiracies against the Parliament were anew spread abroad ; invasions and insurrections talked of ; and the whole nation was raised into such a ferment as threatened some great and imminent convulsion. On which- ever side the king cast his eyes, he saw no resource or se- curity. All his servants, consulting their own safety rather than their master's honor, declined interposing with their advice between him and his Parliament. The queen, ter- rified with the appearance of so mighty a danger, and bear- ing formerly no good-will to Strafford, was in tears, and pressed him to satisfy his people in this demand, which, it was hoped, would finally content them. Juxon alone, whose courage was not inferior to his other virtues, ventured to advise him, if in his conscience he did not approve of the bill, by no means to assent to it." Strafford, hearing of Charles's irresolution and anxiety, took a very extraordinary step. He wrote a letter, in which he entreated the king, for the sake of public peace, to put an end to his unfortunate, however innocent, life, and to quiet the tumultuous people by granting them the request for which they were so importunate.'* " In this," added he, " my consent will more acquit you to God than all the world can do besides. To a willing man there is no injury. And as, by God's grace, I forgive all the world with a calmness and meekness of infinite contentment to my dislodging soul, so, sir, to you I can resign the life of this world with all imaginable cheerfulness, in the just acknowledgment of your exceeding favors." Perhaps Strafford hoped that this unusual instance of generosity would engage the king still more strenuously to protect him. Perhaps he gave his life for lost ; and, finding himself in the hands of his enemies, and observing that Balfour, the lieutenant of the Tower, was devoted to the popular party, '^ he absolutely despaired of ever escaping the multiplied dangers with which he was every way environed. We might ascribe this step to a noble effort of disinterestedness, not unworthy the great mind of Strafford, if the measure which he advised had not been, in the event, as pernicious to his master as it was im- mediately fatal to himself." After the most violent anxiety and doubt, Charles at last granted a commission to four noblemen to give the royal as- 87 Clarendon, vol. i. p. 257. Warwick, p. 160. '8 Clarendon, vol. i. p. 258. Eusliwortli, vol. v. p. 251. e» Whitlocke, p. 44. Franklyn, p. 8%. »» See note [B] at end of tlie volume. HISTOET OF ENGLAND. 281 sent, in his name, to the bill ; flattering himself, probably, in this extremity of distress, that, as neither his will con- sented to the deed, nor was his hand immediately engaged in it, he was the more free from all the guilt which attended it. These commissioners he empowered, at the same time, to give his assent to the bill which rendered the Parliament perpetual. The Commons, from policy rather than necessity, had embraced the expedient of paying the two armies by bor- rowing money from the city; and these loans they had repaid afterwards by taxes levied upon the people. The citizens, either of themselves or by suggestion, ls5gan to start difiiculties with regard to a further loan that was demanded. We make no scruple of trusting the Parliament, said they, ■were we certain that the Parliament were to continue till our repayment. But in the present precarious situation of affairs, what security can be given us for our money ? In pretence of obviating this objection, a bill was suddenly brought into the House, and passed with great unanimity and rapidity, that the Parliament should not be dissolved, pro- rogued, or adjourned, without their own consent. It was hurried in like manner through the House of Peers, arid was instantly carried to the king for his assent. Charles, in the agony of grief, shame, and remorse for Strafford's doom, perceived not that this other bill was of still more fatal con- sequence to his authority, and rendered the power of his enemies perpetual, as it was already uncontrollable.^^ In comparison of the bill of attainder, by which he deemed him- self an accomplice in his friend's murder, this concession made no figure in his eyes '^ — a circumstance which, if it lessen our idea of his resolution or penetration, serves to prove the integrity of his heart and the goodness of his dis- position. It is, indeed, certain that strong compunction for his consent to Strafford's execution attended this unfortunate prince during the remainder of his life ; and even at his own fatal end the memory of this guilt, with great sorrow and remorse, recurred upon him. All men were so sensible of the extreme violence which was done him that he suffered the less both in character and interest from this unhappy measure ; and, though he abandoned his best friend, yet was he still able to preserve in some degree the attachment of all his adherents. «' Clarendon, vol. i- pp. 261, 262. Eushworth, Tol. v. p. 264. " See note [S] at the end oi the volume. 282 HISTOET OF ENGLAND. Secretary Carleton was sent by the king to inform Strafford of the fin£(,l resolution which necessity had extorted from him. The earl seemed surprised, and, starting up, ex- claimed, in the words of the Scripture, "Put not your_ trust in princes, nor in the sons of men ; for in them there is no salvation.'"' He was soon able, however, to collect his courage ; and he prepared himself to suffer the fatal sentence. Only three days' interval was allowed him. The king, who made a new effort in his behalf, and sent, by the hands of the young prince, a letter addressed to the Peers, in which he entreated them to confer with the Commons about a mitiga^ tion of Strafford's sentence, and begged at least for some delay, was refused in both requests.'* Strafford, in passing from his apartment to Tower-hill, where the scaffold was erected, stopped under Laud's win- dows, with whom he had long lived in intimate friendship, and entreated the assistance of his prayers in those awful moments which were approaching. The aged primate dis- solved in tears ; and having pronounced, with broken voice, a tender blessing on his departed friend, sank into the arms of his attendants."^ Strafford, still superior to his fate, moved on with an elated countenance, and with an air even of greater dignity than what usually attended him. He wanted that consolation which commonly supports those who perish by the stroke of injustice and oppression. He was not buoyed up by glory, nor by the affectionate com- passion of the spectators. Yet his mind, erect and un- daunted, found resources with in itself, and maintained its un- broken resolution amid the terrors of death and the tri- umphant exultations of his misguided enemies. His dis- course on the scaffold was full of decency and courage. " He feared," he said, " that the omen was bad for the in- tended reformation of the state — that it commenced with the shedding of innocent blood." Having bid a last adieu to his brother and friends who attended him, and having sent a blessing to his nearer relations who were absent, " A.nd now," said he, " I have nigh done. One stroke will make my wife a widow, my dear children fatherless, de- prive my poor servants of their indulgent master, and sepa- rate me from my affectionate brother and all my friends. But let God be to you and them all in all ! " Going to dis- robe and prepare himself for the block, "I thank God," said he, " that I am nowise afraid of death, nor am daunted " Whitlocke, p 44. «* EuBliworth, vol. y . p. 265. »s Nalson, vol. li. p. 198. HISTOEY OF ENGLAND. 283 V^ith any terrors ; but do as cheerfully lay down my head at this time as ever I did when going to repose." With one blow was a period put to his life by the executioner.^^ Thus perished, in the forty-ninth year of his age, the Earl of Strafford, one of the most eminent personages that has appeared in England. Though his death was loudly demanded as a satisfaction to justice and an atonement for the many violations of the constitution, it may safely be affirmed that the sentence by which he fell was an enormity greater than the worst of those which his implacable enemies prosecuted with so much cruel industry. The people, in their rage, had totally mistaken the proper object of their resentment. All the necessities, or, more properly speaking, the difficulties, by which the king had been induced to use violent expedients for raising supply, were the result of measures previous to Strafford's favor ; and if thay arose from ill conduct, he, at least, was entirely innocent. Even those violent expedients themselves, which occasioned the complaint that the constitution was subverted, had been, all of them, conducted, so far as appeared, without his counsel or assistance. And whatever his private advice might be,^' this salutary maxim he failed not often and publicly to in- culcate in the king's presence, that if any inevitable neces- sity ever obliged the sovereign to violate the laws, this license ought to be practised with extreme reserve, and, as soon as possible, a just atonement be made to the constitution for any injury which it might sustain from such dangerous precedents.'* The first Parliament after the Restoration re- versed the bill of attainder ; and even a few weeks after Strafford's execution this very Parliament remitted to his children the more severe consequences of his sentence, as if conscious of the violence with which the prosecution had been conducted.^^ In vain did Charles- expect, as a return for so many in- stances of unbounded compliance, that the Parliament would at last show him some indulgence, and would cordially fall into that unanimity to which, at the expense of his owu power and of his friend's life, he so earnestly courted them. All his concessions were poisoned by their suspicion of his ■want of cordiality ; and the supposed attempt to engage the ^ Euahworth, TOl. v. p. 267. s' That Straflord was secretly no enemy to arbitrary counsels, appears from some of his letters and despatches, particularly vol. ii. p. 60, where he seems to wish that a standing army were established. »« EuBhworth, tS. iv. pp. 567, 568, 569, 670. 284 HISTORY OF ENGLAND. army against them served with many as a confirmation of this jealousy. It was natural for the king to seek some re- source while all the world seemed to desert him or combine against him; and this probably was the utmost of that embryo scheme which was formed with regard to the army. But the popular leaders still insisted that a desperate plot was laid to bring up the forces immediately and offer vio- lence to the Parliament — a design of which Piercy's evidence acquits the king, and which the near neighborhood of the Scottish army seems to render absolutely impracticable.'' By means, however, of these suspicions was the same im- placable spirit still kept alive ; and the Commons, without giving the king any satisfaction in the settlement of his revenue, proceeded to carry their inroads with great vigor into his now defenceless prerogative.^'^ /^ The two ruling passions of this Parliament were zeal for c^liberty and an aversion to the Church ; and to both of these nothing could appear more exceptionable than the court of high commission, whose institution rendered it entirely arbi- trary, and assigned to it the defence of the ecclesiastical es- tablishment. The Star-chamber also was a court which exerted high discretionary powers, and had no precise rule or limit, either with regard to the causes which came under its jurisdiction or the decisions which it formed. A bill unanimously passed the Houses to abolish these two courts, and in them to annihilate the principal and most dangerous ■articles of the king's prerogative. By the same bill the .jurisdiction of the council was regulated and its authority abridged.^"^ Charles hesitated before he gave his assent. But finding that he had gone too far to retreat, and that he possessed no resource in case of a rupture, he at last affixed the royal sanction to this excellent bill. But to show the Parliament that he was sufficiently apprised of the impor- tance of his grant, he observed to them that this statute altered in a great measure the fundamental laws, ecclesias- tical and civil, which many of his predecessors had estab- lished.M^ 01 The project of bringing up the army to London, according to Piercy, was proposed to the king ; but he rejected it as foolish, because the Scots, who were in arms, and lying in their neighborhood, must be at London as soon as the li^iig- iish army. This reason is so solid and convincing that it leaves no room to doubt of the veracity of Piercy's evidence, and consequently acquits the king of this terrible plot of bringing up the army, which made such a noise at the time, and was a pretence for so many violences. lo" Clarendon, vol. i. p. 266. i»i Clarendon, vol. i. pp. 283, 284. Wliitlocke, p. 47. Bushworth, vol. iii pp 1383, 1384. ™ Kushworth, vol. v. p. 307. HISTOKY OF ENGLAND. 285 By removing the Star-chamber, the king's power of binding the people by his proclamations was indirectly abol- ished ; and that important branch of prerogative, the strong symbol of arbitrary power, and unintelligible in a limited constitution, being ^t last removed, left the system of gov- ernment more consistent and uniform. The Star-chamber alone was accustomed to punish infractions of the king's edicts; but as no courts of judicature now remained, except those in Westminster Hall, which take cognizance only of common and statute law, the king may thenceforth issue proclamations, but no man is bound to obey them. It must, however, be confessed, that the experiment here made by the Parliament was not a little rash and adventurous. No government at that time appeared in the world, nor is per- haps to be found in the records of any history, which sub- sisted without the mixture of some ai-bitrary authority com- mitted to some magistrate ; and it might reasonably, before- hand, appear doubtful whether human society could ever! reach that state of perfection as to support itself with no other control than the general and rigid maxims of law and equity. But the Parliament justly thought that the king was too eminent a magistrate to be trusted with discretion- ary power, which he might so easily turn to the destruction of liberty. And in the event it has hitherto been found that though some sensible inconveniences arise from the maxim of adhering strictly to law, yet the advantages overbalance them, and should render the English grateful to the memory of their ancestors, who, after repeated contests, at last es- tablished that noble though dangerous principle. At the request of the Parliament, Charles, instead of the patents during pleasure, gave all the judges patents during their good behavior ; ^"^ a circumstance of the greatest mo- ment towards securing their independence, and barring the entrance of arbitrary power into the ordinary courts of judicature. The marshal's court, which took cognizance of offensive words, and was not thought sufficiently limited by law, was also, for that reason, abolished."^ The stannary courts, which exercised jurisdiction over the miners, being liable to a like objection, underwent a like fate. The abolition of the Council of the North and the Council of Wales followed from the same principles. The authority of the clerk of the market, who had a general inspection over the weights 103 May, p. 107. ">' Nalaon, vol. i. p. 778. 286 HISTOEY OF ENGLAND. and measures throughout the kingdom, was transferred to the mayors, sheriffs, and ordinary magistrates. In sho'rt, if we take a survey of the transactions of this ,-memorable Piirliaraent during the first period of its opera- lions, we shall find that, excepting Strafford's attainder, ■/which was a complication of cruel iniquity, their meriis in other respects so much overweigh their mistakes as to en- title them to praise from all lovers of liberty. Not only were former abuses remedied and grievances redressed — great provision for the future was made by law against the return of like complaints. And if the nieans by which they obtained such advantages savor often of artifice, sometimes of violence, it is to be considered that revolutions of govern- ment cannot be effected by the mere force of argument and reasoning, and that factions, being once excited, men can neither so firmly regulate the tempers of others, nor their own, as to ensure themselves against all exoi-bitances. The Parliament now came to a pause. The king had promised his Scottish subjects that he would this summer pay them a visit, in order to settle their government; and though the English Parliament was very importunate with him, that he should lay aside that journey, they could not prevail with him so much as to delay it. As he must neces- sarily in his journey have passed through the troops of both nations, the Commons seem to have entertained great jeal- ousy on that account, and to have now hurried on, as much as they formerly delayed, the disbanding of the armies. The arrears, therefore, of the Scots, were fully paid them, and those of the English in part. The Scots returned home, and the English were separated into their several counties, and dismissed. After this the Parliament adjourned to the 20th of Oc- tober ; and a committee of both Houses, a thing nnpi-ece- dented, was appointed to sit during the recess with very ample powers.'"^ Pym was elected chairman of the com- mittee of the lower House. Further attempts were made by the Parliament, while it sat, and even by the Commons alone, for assuming sovereign executive powers and pub- lishing their ordinances, as they called them, instead of laws. The committee, too, on their part, was ready to imi- tate the example. A small committee of both Houses was appointed to attend the king into Scotland, in order, as was pretended, IOC Eushworth, vol. v. p. 387. HISTORY OP ESTGLAND. 287 to, see that, the articles of pacification were executed, but really to be spies upon him, and extend still further the ideas of parliamentary authority, as well as eclipse the maj- esty of the king. The Earl of Bedford, Lord Howard, Sir Philip Stapleton, Sir William Armyne, Fiennes, and Hamb- den were the persons chosen."^ Endeavors were used, before Charles's departure, to have a protector of the kingdom appointed, with a power to pass laws without having recourse to the king. So little regard was now paid to royal authority or to the estab- lished constitution of the kingdom. Amid the great variety of affairs which occurred during this busy period, we have almost overlooked the marriage of the Princess Mary with William, Prince of Orange. The king concluded not this alliance without communicating his intentions to the Parliament, who received the proposal with satisfaction.''"' This was the commencement of the connections with the family of Orange ; connections which were afterwards attended with the most important conse- quences, both to the kingdom and to the house of Stuart. iM Easliworth, vol. T. p. 376. i" WMtlocke, p. 38. 288 HISTOET OF ENGLAND. CHAPTER LV. SETTLEMENT OF SCOTLAND. CONSPIEACT IN IRELAND. IN- SUEKECTION AND MASSACRE. MEETING OF THE ENGLISH PARLIAMENT. THE REMONSTRANCE. REASONS ON BOTH SIDES. IMPEACHMENT OF THE BISHOPS. ACCUSATION OP THE FIVE MEMBERS. TUMULTS. KING LEAVES LON- DON. ARRIVES IN YORK. PREPARATIONS FOR CIVIL WAR. [1641.] The Scots, who began these fatal commotions, thought that they had finished a very perilous undertaking, much to their profit and reputation. ]3esides the large pay voted them for lying in good quarters during a twelve- month, the English Parliament had conferred on them a present of three hundred thousand pounds for their broth- erly assistance.^ In the articles of pacification they were declared to have ever been good subjects, and their military expeditions were approved of as enterprises calculated and intended for his majesty's honor and advantage. To carry further their triumph over their sovereign, these terms, so ignominious to him, were ordered, by a vote of Parliament, to be read in all churches upon a day of thanksgiving ap- pointed for the national pacification;^ all their -claims for the restriction of prerogative were agreed to be ratified ; , and, what they more valued than all these advantages, they / had a near prospect of spreading the Presbylerian_discipline j in England and Ireland",~from the seeds which they had '-- scattered of their religious principles. Never did refined j Athens so exult in diffusing the sciences and liberal arts over a savage world, never did generous Rome so please 1 herself in the view of law and order established by her vic- torious arms, as the Scots now rejoiced in communicating ■ , their barbarous zeal and theological fervor to the neighbor- ing nations. Charles, despoiled in England of a considerable part of his authority, and dreading still further encroachments 1 Nalson, vol. i. p. 747. May, p. 104. ' Eushworth, vol. v. p. 365. Clarendon, vol. ii. p. 293. HISTOET OF ENGLAND. 289 upon him, arrived in Scotland with an intention of abdica- ting almost entirely the small share of power which there remained to him, and of giving full satisfaction, if possible, to his restless subjects in that kingdom. The lords of articles were an ancient institution in the Scottish Parliament. Tbey were constituted after this manner : The temporal lords chose eight bishops ; the bish- ops elected eight temporal lords ; these sixteen named eight commissioners of counties and eight burgesses ; and with- out the previous consent of the thirty-two who were de- nominated lords of articles, no motion could be made in Parliament. As the bishops were entirely devoted to the , court, it is evident that all the lords of articles, by necessary consequence, depended on the king's nomination ; and the prince, besides one negative after the bills had passed through Parliament, possessed indirectly another before their intro- duction— a prerogative of much greater consequence than the former. The bench of bishops being now abolished, the Parliament laid hold of the opportunity, and totally sejr aside the lords of articles ; and, till this important point was obtained, the nation, properly speaking, could not be said to enjoy any regular freedom.* It is remarkable that, notwithstanding this institution, to which there was no parallel in England, the royal au- thority was always deemed much lower in Scotland than in the former kingdom. Bacon represents it as one advantage to be expected from the union, that the too extensive pre- rogative of England would be abridged by the example of Scotland, and the too narrow prerogative of Scotland be enlarged from the imitation of England. The English were, at that time, a civilized people, and obedient to the laws ; but among the Scots it was of little consequence how the laws were framed, or by whom voted, while the exorbitant aristocracy had it so much in their power to prevent their regular execution. The Peers and Commons formed only one House in the Scottish Parliament; and as it had been the practice of James, continued by Charles, to grace English gentlemen wath Scottish titles, all the determinations of Parliament, it was to be feared, would in time depend upon the prince, by means of these votes of foreigners, who had no interest or property in the nation. It was therefore a law deserving approbation that no man should be created a Scotch peer 8 Burnet, Memoir. Vol. IV.— 19 290 HISTOEY OF ENGLAND. who possessed not ten thousand marks (above five hundred pounds) of annual rent in the kingdom.* A law for triennial parliaments was likewise passed ; and it was ordained that the last act of every Parliament sliould be to appoint the time and place for holding the Parliament next ensuing.' The king was deprived of that power formerly exercised, of issuing proclamations which enjoined obedience under the penalty of treason — a prerogative which invested him with the whole legislative authority, even in matters of the highest importance.^ So far was laudable ; but the most fatal blow given to royal authority, and what in a manner dethroned the prince,, was the article that no member of the privy council in whose hands, during the king's absence, the whole administration lay, no officer of state, none of the judges, should be ap- pointed but by advice and approbation of Parliament. Charles even agreed to deprive of their seats four judges who had adhered to his interests ; and their place was sup- plied by others more agreeable to the ruling party. Several of the Covenanters were also sworn of the privy council ; and all the ministers of state, councillors, and judges were, by law, to hold their places during life or good behavior.' The king, while in Scotland, conformed himself entirely to the Established Church, and assisted with great gravity at the long prayers and longer sermons with which the Pres- byterians endeavored to regale him. He bestowed pensions and preferments on Henderson, Gillespy, and other popular preachers, and practised every art to soften, if not to gain, his greatest enemies. The Earl of Argyle was created a marquis. Lord Loudon an earl, Lesley was dignified with the title of Earl of Leven.' His friends he was obliged, for the present, to neglect and overlook. Some of them were disgusted ; and his enemies were not reconciled, but as- cribed all his caresses and favors to artifice and necessity. Argyle and Hamilton, being seized with an apprehen- sion, real or pretended, that the Earl of Crawford and others meant to assassinate them, left the Parliament suddenly and retired into the country ; but, upon invitation and assur- ances, returned in a few days. This event, which had neither cause nor effect that was visible, nor purpose nor consequence, was commonly denominated the incident. • Burnet, Memoir. '^ Ibid. " Ibid. ' Ibid. • Clarendon, vol. ii. p. 309. HISTORY or ENGLAND. 291 But thougli the incident had no effect in Scotland, what was not expected, it was attended with consequences in Eng- land. The English Parliament, which was now assembled, being willing to awaken the people's tenderness by exciting their fears, immediately took the alarm ; as if the malig- nants — so they called the king's party — had laid a plot at once to murder them, and all the godly in both kingdoms. They applied, therefore, to Essex, whom the king had left general in the south of England, and he ordered a guard to attend them.' But while the king was employed in pacifying the com- motions in Scotland, and was preparing to return to Eng- land, in order to apply himself .to the same salutary work in that kingdom, he received intelligence of a dangerous re- bellion broken out in Ireland, with circumstances of the ut- most horror, bloodshed, and devastation. On every side this unfortunate prince was pursued with murmurs, discon- tent, faction, and civil wars ; and the fire from all quarters, even by the most independent accidentSj at once blazed u]3 about him. The greatplan of James, in the administration of Ire, land, continued by Charles, was, by justice and peace, to rec-' oncile that turbulent people to the authority of laws, and,^ introducing"ai't and industry among them, to cure them of \ that sloth and barbarism to which they had ever been sub- ject. In order to serve both these purposes, and at the same time secure the dominion of Ireland to the English crown, great colonies of British had been carried over, and, being intermixed with the Irish, had everywhere introduced anew face of things into that country. During a peace of near forty years, the inveterate quarrels between the nations seemed, in a great measure, to be obliterated ; and though much of the landed property, forfeited by rebellion, had been conferred on the new planters, a more than equal re- turn had been made by their instructing the natives in till- age, building, manufactures, and all the civilized arts of life.-"" This had been the course of things during the suc- cessive administrations of Chichester, Grandison, Falkland, and, above all, of Strafford. Under the government of this latter nobleman, the pacific plans now come to greater ma^ turity, and, forwarded by his vigor and industry, seemed to = Whitloeke, p. 40. Dugdale. p. 72. Burnet's Memoirs of tlie House of Ham- ilton, pp. 184, 185. Clarendon, p. 299. » Sir John Temple's Irish Kebellion, p. 12. 292 HisTOEY or England. Lave operated with full success, and to have bestowed at last on that savage country the face of a European settle- ment. After Strafford fell a victim to popular rage, the humors excited in Ireland by that great event could not be suddenly composed, but continued to produce the greatest innova- tions in the government. The British Protestants, transplanted into Ireland, hav- ing every moment before their eyes all the horrors of popery, had naturally been carried into the opposite extreme, and had universally adopted the highest principles and practices of the Puritans. Monarchy, as well as the hierarchy, was become odious to them ; and every method of limiting the authority of the crown and detaching themselves from the King of England was greedily adopted and pursued. They considered not that, as they scarcely formed the sixth part of the people and were secretly obnoxious to the ancient in- habitants, their only method of supporting themselves was by maintaining royal authority and preserving a great de- pendence on their mother country. The English Commons, likewise, in their furious prosecution of Strafford, had over- looked the most obvious consequences ; and while they im- puted to him as a crime every discretionary act of authority, they despoiled all succeeding governors of that power by which alone the Irish could be retained in subjection. And so strong was the current for popular government in all the three kingdoms that the most established maxims of policy were everywhere abandoned in order to gratify this ruling passion. Charles, unable to resist, had been obliged to yield to the Irish, as to the Scottish and English parliaments ; and found, too, that their encroachments still rose in proportion to his concessions. Those subsidies which themselves had voted they reduced by a subsequent vote to a fourth part. The court of high commission was determined to be a griev- ance ; martial law abolished ; the jurisdiction of the council annihilated ; proclamations and acts of state declared of no authority ; every order or institution, which depended on monarchy, was invaded; and the prince was despoiled of all his prerogative, without the least pretext of any violence or illegality in his administration. The standing army of Ireland was usually about three thousand men ; but in order to assist the king in suppress- ing the Scottish Covenanters, Strafford had raised eight HISTOET OB" ENGLAND. 293 thousand more, and had incorporated with them a thousand men drawn from the old army — a necessary expedient for bestowing order and discipline on the new-levied soldiers. The private men in this army were all Catholics ; but the officers, both commissioned and non-commissioned, were Prot- estants, and could entirely be depended on by Charles. The English Commons entertained the greatest apprehensions on account of this army, and never ceased soliciting the king till he agreed to break it ; nor would they consent to any proposal for augmenting the standing army to five thou- sand men, a number which the king deemed necessary for re- taining Ireland in obedience. Charles, thinking it dangerous that eight thousand men accustomed to idleness and trained to the use of arms should be dispersed among a nation so turbulent and imsettled, agreed with the Spanish ambassador to have them transported into Flanders, and enlisted in his master's service. The English Commons, pretending apprehensions lest regular bodies of troops, disciplined in the Low Countries, should prove still more dangerous, showed some aversion to this expedient, and the king reduced his allowance to four thou- sand men. But when the Spaniards had hired ships for transporting these troops and the men were ready to em- bark, the Commons, willing to show their power, and not displeased with an opportunity of curbing and affronting the king, prohibited every one from furnishing vessels for that service ; and thus the project formed by Charles of freeing the country from these men was unfortunatly disaj)- pointed." The old Irish remarked all these false steps of the English and resolved to take advantage of them. Though their ani- mosity against that nation, for want of an occasion to exert itself, seemed to be extinguished, it was only composed into a temporary and deceitful tranquillity.*^ Their interests both with regard to properly and religion secretly stimu- lated them to a revolt. No individual of any sept, accord- ing to the ancient customs, had the property of any particu- lar estate ; but as the whole sept had a title to a whole ter- ritory, they ignorantly preferred this barbarous community before the more' secure and narrower possessions assigned them by the English. An indulgence amounting almost to a toleration had been given to the Catholic religion ; but so " Clarendon, vol. 1. p. 281. Eushworth vol. T. p. 381. Dugdale, p. 75. May, bk. ii. p. 3. 12 Temple, p. H. 294 HISTORY OF ENGLAKX). long as the churches and the ecclesiastical revenues wero kept from the priests, and they were obliged to endure the neighborhood of profane heretics, being themselves discon- tented, they continually endeavored to retard any cordial reconciliation between the English and the Irish nations. There was a gentleman called Roger More, who, though of a narrow fortune, was descended from an ancient Irish family, and was much celebrated among his countrymen for valor and capacity. This man first formed the project of expelling the English, and asserting the independence of his native country." He secretly went from chieftain to chieftain, and roused up every latent principle of discon- tent. He maintained a close correspondence with Lord Maguire and Sir Phelim O'Neale, the most powerful of the old Irish. By conversation, by letters, by his emissaries, he represented to his countrymen the motives of a revolt. He observed to them that by the rebellion of the Scots and fac- tions of the English the king's authority in Britain was re- duced to so low a condition that he never could exert him- self with any vigor in maintaining the English dominion over Ireland ; that the C.itholics in the Irish Mouse of Com- mons, assisted by the Protestants, had so diminished the royal prerogative and the power of the lieutenant as would much facilitate the conducting to its desired effect any con- spiracy or combination which could be formed ; that the Scots, having so successfully thrown off dependence on the crown of England, and assumed the government into their own hands, had set an example to the Irish, who had so much greater oppressions to complain of ; that the English planters who had expelled them their possessions, suppressed their religion, and bereaved them of their liberties, were but a handful in comparison of the natives ; that they lived in the most supine security, interspersed with their numerous enemies, trusting to the protection of a small army, which was itself scattered in inconsiderable divisions throughout the whole kingdom ; that a great body of men, disciplined by the government, were now thrown loose, and were ready for any daring or desperate enterprise; that though the Catholics had hitherto enjoyed in some tolerable measure the exercise of their religion from the moderation of their indulgent prince, they must henceforth expect that the s^ov- ernment will be conducted by other maxims and othei- prin- ciples ; that the puritanical Parliament, having at length 13 Nalson, toI. ii. p. 543. HISTOKY OP KNGLAND. 295 subdued their sovereign, would, no doubt, as soon as they had consolidated their authority, extend their ambitious en- terprises to Ireland, and make the Catholics in that king- dom feel the same furious persecution to which their breth- ren in England wei'e at present exposed ; and that a revolt in the Irish, tending only to vindicate their native liberty against the violence of foreign invaders, could never, at any time, be deemed rebellion ; much leas during the present confusions, when their prince was, in a manner, a prisoner, and obedience must be paid not to him, but to those who had traitorously usurped his lawful authority.^* By these considerations. More engaged all the heads of the native Irish into the conspiracy. The English of tlie Pale, as they were called, or the old English planters, being all Catholics, it was hoped, would afterwards join the party which restored their religion to its ancient splendor and au- thority. The intention was that Sir Phelim O'Neale and the other conspirators should begin an insurrection on one day throughout the provinces, and should attack all the English settlements ; and that, on the same day. Lord Maguire and Roger More should surprise the castle of Dublin. The commencement of the revolt was fixed on the approach of winter, that there might be more difficulty in transporting forces from England. Succors to themselves and supplies of arms they expected from France, in consequence of a prom- ise made them by Cardinal Richelieu ; and many Irish offi- cers, who served in the Spanish troops, had engaged to join them as soon as they saw an insurrection entered upon by their Catholic brethren. News, which every day arrived from England, of the fury expressed by the Commons against all Papists, struck fresh terror into the Irish nation, and both stimulated the conspirators to execute their fatal pur- pose and gave them assured hopes of the concurrence of all their countrymen.^^ Such propensity to a revolt was discovered in all the Irish that it was deemed unnecessary, as it was dangerous, to intrust the secret to many hands ; and the appointed day drew nigh, nor had any discovery been yet made to the gov- ernment. The king, indeed, had received information from his ambassadors that something was in agitation among the Irish in foreign parts ; but, though he gave warning to the administration in Ireland, the intelligence was entirely neg- M Temple, pp. 72, 73, 78. Dugdale, p. 73. '■^ Dugdale, p. 74. 296 HISTORY OF ENGLAND. lected.^^ Secret rumors likewise were heard of some ap- proaching conspiracy ; but no attention was paid to them. The Earl of Leicester, whom tlie king had appointed lieu- tenant, remained in London. The two justices. Sir William Parsons and Sir John Borlace, were men of small abilities ; and by an inconvenience common to all factious times, owed their advancement to nothing but their zeal for the party by whom everything was now governed. Tranquil from their ignorance and inexperience, those men indulo;ed themselves in the most profound repose, on the very brink of destruction. But they were awakened from their security on the very, day before that which was appointed for the commencement of hostilities. The castle of Dublin, by which the capital was commanded, contained arms for ten thousand men, with thirty-five pieces of cannon, and a proportionable quantity of ammunition ; yet was this important place guarded, and that too without any care, by no greater force than fifty men. Maguire and More were already in town with a numerous band of their partisans ; others were expected that night ; and next morning they were to enter upon, what they esteemed the easiest of all enterprises, the surprisal of the castle. O'ConnoIly, an Irishman, but a Protestant, betrayed the conspiracy to Parsons." The justices and council fled immediately for safety into the castle, and reinforced the guards. The alarm was conveyed to the city, and all the Protestants prepared for defence. More escaped ; Maguire was taken ; and Mahone, one of the conspirators, being like- wise seized, first discovered to the justices the project of a general insurrection, and redoubled the apprehensions which already were universally diffused throughout Dublin.^' But though O'Connolly's discovery saved the castle from a surprise, the confession extoi-ted fi-om Mahone came too late to prevent the intended insurrection. O'Neale and his , confederates had already taken arms in Ulster. The Irish, everywhere intermingled with the English, needed but a hint from their leaders and priests to begin hostilities against a people whom they hated on account of their religion, and envied for their riches and prosperity." The houses, cattle, goods, of the unwary English were first seized. Those who heard of the commotions in their neighborhood, instead of " Eushworth, vol. v. p. 408. Nalson, toI. ii. p. 565. " Eushworth, vol. v. p. 399. Nalson, vol. ii. p. 520. May, bk. ii. n e J8 Temple, pp. 17, 18, 19, 20. Eushworth, vol. v. p. 400. w Temple, pp. 39, 40, 79. HISTOET OV ENGLAND, 297 deserting their habitations and assembling for mutual pro- tection, remained at home, in hopes of defending their prop- erty, and fell thus separately into the hands of their ene- mies.'^" After rapacity had fully exerted itself, cruelty, and the most barbarous that ever in any nation was known or heard of, began its operations. A universal massacre com- menced of the English, now defenceless, and passively re- signed to their inhuman foes. No age, no sex, no condition, was spared. The wife weeping for her butchered husband, and embracing her helpless children, was pierced with them, and perished by the same stroke.^^ The old, the young, the vigorous, the infirm, undervv'ent a like fate, and were con- founded in one common ruin. In vain did flight save from the first assault : destruction was everywhere let loose, and met the hunted victims at every turn. In vain was recourse had to relations, to companions, to friends : all connections were dissolved, and death was dealt by that hand from which protection was implored and expected. Without provoca- tion, without opposition, the astonished English, living in profound peace and full secuiity, were massacred by their nearest neighbors, with whom they had long upheld a con- tinual intercourse of kindness and good offiues.^^ , But death was the slightest punishment inflicted byl those rebels ; all the tortures which wanton cruelty could devise, all the lingering pains of body, the anguish of mind, the agonies of despair, could not satiate revenge excited without injury, and cruelty derived from no cause. To enter into particulars would shock the least delicate human- ity. Such enormities, though attested by undoubted evi- dence, appear almost incredible. Depraved nature, even perverted religion, encouraged by the utmost license, reach not to such a pitch of ferocity, unless the pity inherent in human breasts be destroyed by that contagion of example which transports men beyond all the usual motives of con- duct and behavior. The weaker sex themselves, naturally tender to their own sufferings and compassionate to those of others, here emulated their more robust companions in the practice of every cruelty.'^ Even children, taught by the example and encouraged by the exhortation of their parents, essayed their feeble blows on the dead carcasses or defenceless chil- dren of the English.^* The very avarice of the Irish was "> Temple, p. 42. " Temple, p. 40. '^ Temple, pp. 39 40. 2» Teinple, pp. 96, 101. Kusliwortli, vol. v. p. 415. " Temple, p. 100. 298 HISTORY OF ENGLAND. not a sufficient restraint to their cruelty. Such was their frenzy that the cattle which they had seized, and by rapine made their own, yet, because they bore the name of English, were wantonly slaughtered, or, when covered with wounds, turned loose into the woods and deserts.^ The stately buildings or commodious habitations of the planters, as if upbraiding the sloth and ignorance of the na- tives, were consumed with fire or laid level with the ground. And where the miserable owners, shut up in their houses and preparing for defence, perished in the flames, together with their wives and children, a double triumph was afforded to their insulting foes.'^' If anywhere a number assembled together, and, assum- ing courage from despair, were resolved to sweeten death by revenge on their assassins, they were disarmed by capit- ulations and promises of safety confirmed by the most sol- emn oaths. But no sooner had they surrendered than the rebels, with perfidy equal to their cruelty, made them share the fate of their unhappy countrymen.^' Others, more ingenious still in their barbarity, tempted their prisoners, by the fond love of life, to imbrue their hands in the blood of friends, brothers, parents ; and, having thus rendered them accomplices in guilt, gave them that death which they sought to shun by deserving it.^^ Amid all these enormities, the sacred name of religion resounded on every side ; not to stop the hands of these murderers, but to enforce their blows, and to steel their hearts against every movement of human or social sympa- thy. The English, as heretics, abhorred of God and detest- able to all holy men, were marked out by the priests for slaughter ; and, of all actions, to rid the world of these de- clared enemies to Catholic faith and piety was represented as the most meritorious.^ Nature, which in that rude peo- ple was sufficiently inclined to atrocious deeds, was further stimulated by precept ; and national prejudices empoisoned by those aversions, more deadly and incurable, which arose from an enraged superstition. While death finished the suf- ferings of each victim, the bigoted assassins, with joy and exultation, still echoed in his expiring ears that these ago- nies were but the commencement of torments infinite a°id eternal.'" 2= Temple, p. 84. '" Temple, pp. 29, 106. Euahworth, vol. v. p. 414. 2' Whitlocke, p. 47. Eusliworth, vol. v. p. 416. 2« Temple, p. 100. to Temple, pp. 85, 106. 30 Temple, pp. 94, 107, 108. Eusliworth, vol. v. p. 407. HISTORY OF ENGLAH-D, 299 Such were the barbarities by which Sir Phelim O'Neale and the Irish in Ulster signalized their rebellion — an event memorable in the annals of human kind, and worthy to be held in perpetual detestation and abhorrence. The generous nature of More was shocked at the recital of such enormous cruelties. He flew to O'Neale's camp ; but found that his authority, which was sufficient to excite the Irish to an in- surrection, was too feeble to restrain their inhumanity. Soon after, he abandoned a cause polluted by so many crimes ; and he retired into Flanders. Sir Phelim, recom- mended by the greatness of his family, and perhaps, too, by the unrestrained brutality of his nature, though without any courage or capacity, acquired the entire ascendant over the northern rebels.^^ The English colonies were totally anni- hilated in the open country of Ulster. The Scots at first met with more favorable treatment. In order to engage them to a passive neutrality, the Irish pretended to distin- guish between the British nations; and, claiming friendship and consanguinity with the Scots, extended not over them the fury of their massacres. Many of them found an op- portunity to fly the country ; others retired into places of security, and prepared themselves for defence ; and by this means the Scottish planters, most of them at least, escaped with their lives.'^ From Ulster the flames of rebellion diffused themselves in an instant over the other three provinces of Ireland. In all places death and slaughter were not uncommon ; though the Irish in these other provinces pretended to act with moderation and humanity. But cruel and barbarous was their humanity ! Not content with expelling the English their houses, with despoiling them of their goodly manors, with wasting their cultivated fields, they stripped them of their very clothes, and turned them out, naked and defence- less, to all the severities of the season.^^ The heavens them.- selves, as if conspiring against that happy people, were armed with cold and tempest unusual to the climate, and executed what the merciless sword had left unfinisbed.^'' The roads were covered with crowds of naked English, hast- ening towards Dublin and the other cities which yet re- mained in the hands of their countrymen. The feeble age of children, the tender sex of women, soon sank tinder the multiplied rigors of cold and hunger. Here the husband, SI Temple, p. 44. 22 Temple, p. 41. Eushworth, vol. i. p. 416. 13 Temple, p. 42. « Xemple, p. 64. 300 HISTORY OP ENGLAND. bidding a final adieu to his expiring family, envied them that fate which he himself expected so soon to share ; there the son, having long supported his aged parent, with reluc- tance obeyed his laht commands, and, abandoning him in this uttermost distress, reserved himself to the hopes of avenging that death which all his efforts could not prevent or delay. The astonishing greatness of the calamity de- prived the sufferers of any relief from the view of compan- ions in affliction. With silent tears or lamentable cries, they hurried on through the hostile territories ; and found every heart which was not steeled by native barbarity guarded by the more implacable furies of mistaken piety and religion.^* The saving of Dublin preserved in Ireland the remains of the English name. The gates of that city, though timorously opened, received the wretched supplicants, and presented to the view a scene of human misery beyond what any eye had ever before beheld.^" Compassion seized the amazed inhabitants, aggravated with the fear of like calam- ities ; while they observed the numerous foes without and- within, which everywhere environed them, and reflected on the weak resources by which they ■were themselves sup- ported. The more vigorous of the unhappy fugitives, to the number of three thousand, were enlisted into three regi- ments. The rest were distributed into the houses ; and all care was taken, by diet and warmth, to recruit their feeble and torpid limbs. Diseases of unknown name and species, derived from these multiplied distresses, seized many of them and put a speedy period to their lives. Others having now leisure to reflect on their mighty loss of friends and fortune, cursed that bemg which they had saved. Abandoning them- selves to despair, refusing all succor, they expired, without other consolation than that of receiving among their coun- trymen the honors of a grave, which, to their slaughtered companions, had been denied by the inhuman barbaVians.^' By some computations, those who perished by all these cruellies are supposed to bo a hundred and fifty or two hun- dred thousand. By the most moderate, and probably the most reasonable account, they are made to amount to forty thousand — if this estimation itself be not, as is usual in such cases, somewhat exaggerated. The justices ordered to Dublin all the bodies of the army which were not surrounded by the rebels ; and they assembled a force of fifteen hundred veterans. They soon 35 Temple, p. 88. so Temple, p. 62. »' Temple, pp. 43, 62. HISTORY 01" ENGLAND. 301 enlisted and armed from the magazines above four thousand men more. They despatched a body of six hundred men to throw relief into Tredah, besieged by the Irish. But these troops, attacked by the enemy, were seized with a panic, and were most of them put to the sword. Their arms falling in- to the hands of the Irish, supplied them with what was most wanted.'' The justices, willing to foment the rebellion in a view of profiting by the multiplied forfeitures, hence- forth thought of nothing more than providing for their own present security and that of the capital. The Earl of Ormond, their general, remonstrated against such timid, not to say base and interested, counsels, but was obliged to sub- mit to authority. The English of the Pale, who probably were not at first in the secret, pretended to blame the insurrection, and to detest the barbarity with which it was accompanied.^' By their protestations and declarations, they engaged the jus- tices to supply them with arms, which they promised to employ in defence of the government.^" But, in a little time, the interests of religion were found more prevalent over them than regard and duty to their mother country. They chose Lord Gormanstone their leader ; and, joining the old Irish, rivalled them in every act of violence towards the English Protestants. Besides many smaller bodies dis- persed over the kingdom, the principal array of the rebels amounted to twenty thousand men, and threatened Dublin with an immediate siege.^^ Both the English and Irish rebels conspired in one im- posture, with which they seduced many of their deluded countrymen. They pretended authority from the king and queen, but chiefly from the latter, for their insurrection ; and they afiirmed that the cause of their taking arms was to vindicate royal prerogative, now invaded by the puritanical Parliament.^^ Sir Phelira O'Neale, having found a royal patent in Lord Caulfield's house, whom he had murdered, tore off the seal and afiixed it to a commission which he had forged for himself.^' The king received an account of this insurrection by a messenger despatched from the north of Ireland. He immediately communicated his intelligence to the- Scottish Parliament. He expected that -the mighty zeal expressed »s Nalsou, vol. ii. p. 905. " Temple, p. 33. Eushworth, vol. v. p. 402. " Temple, p. 60. Borlace, Hist. p. 28. "■ Whitlocke, p. 49. « Kuehwortli, vol. v. pp. 400, 401. « Eushworth, vol. v. p. 402. 302 HISTOET OF ENGLA.ND. by the Scots for the Protestant religion would immediately engage tliera to fly to its defence, where it was so violently invaded; he hoped that their horror against popery, a religion which now appeared in its most horrible aspect, would second all his exhortations ; he had observed with what alacrity they had twice run to arms and assembled troops in opposition to the rights of their sovereign ; he saw with Iiow much greater facility they could now collect forces which had been very lately disbanded, and which had been so long inured to military discipline. The cries of their affrighted and distressed brethren in Ireland, he promised himself, would powerfully incite them to send over succors, which could arrive so quickly, and aid them with such promptitude in this uttermost distress. But the zeal of the Scots, as is usual among religious sects, was very feeble when not stimulated either by faction or by interest. They now considered themselves entirely as a republic, and made no account of the authority of their prince, which they had utterly annihilated. Conceiving hojjes from the present distresses of Ireland, they resolved to make an advan- tageous bargain for the succors with which they should supply their neighboring nation ; and they cast their eye towards the English Parliament, with whom they were already so closely connected, and who could alone fulfil any articles which might be agreed on. Except despatching a small body to support the Scottish colonies in Ulster, they would, therefore, go no further at present than sending cdm- missioners to London, in order to treat with that power to whom the sovereign authority was now in reality trang- ferred.^^ The king, too, sensible of his utter inability to subdue the Irish rebels, found himself, obliged in this exigency to have recourse to the English Parliament, and depend on their assistance for supply. After communicating to them the intelligence which he had received,, he informed them that the insurrection was not, in his opinion, the result of any rash enterprise, but of a formed conspiracy against the crown of England. To their care and wisdom, therefore, he said, he_ committed the conduct and prosecution of the war, which, in a cause so important to national and relio-ious in- terests, must of necessity be immediately entered upon and vigorously pursued.'"' The English Parliament was now assembled ; and dis- " Eushworth, vol. v. p. 407. « Clarendon, vol. ii. p. 301. HISTOEY OP ENGLAND. 303 covered in avery vote the same dispositions in which they had separated. The exalting pf their own authority, tlie diminishing of the king's, were still the objects pursued by the majority. Every attempt which had been made to gain the popular leaders, and by offices to attach them to the crown, had failed of success, either for want of skill in con- ducting it or by reason of the slender preferments which it was then in the king's power to confer. The ambitious and enterprising patriots disdained to accept in detail of a pre- carious power, while they deemed it so easy, by one bold and vigorous assault, to possess themselves forever of the en- tire sovereignty. Sensible that the measures which they had hitherto pursued rendered them extremely obnoxious to the king — were many of them in themselves exceptionable ; some of them, strictly speaking, illegal — they resolved to seek their own security as well as greatness by enlarging popular authority in England. The great necessities to which the king was reduced ; the violent prejudices which generally throughout the nation prevailed against him ; his facility in making the most important concessions; the example of the Scots, whose encroachments had totally subverted monarchy — all these circumstances further insti- gated the Commons in their invasion of royal prerogative ; and the danger to which the constitution seemed to have been so lately exposed persuaded many that it never -eould be sufficiently secured but by the entire abolition of that authority which had invaded it. But this project it had not been in the power, scarcely in the intention, of the popular leaders to execute, had it not been for the passion which seized the nation for Presby- terian discipline, and for the wild enthusiasm which at that time accompanied it. The license which the Parliament had bestowed on this spirit by checking ecclesiastical authority, the countenance and encouragement with which they had honored it, had already diffused its influence to a wonderful degree, and all orders of men had drunk deep of the intoxi- cating poison. In every discourse or conversation, this mode of religion entered ; in all business it had a share ; every elegant pleasure or amusement it utterly annihilated ; many vices or corruptions of mind it promoted ; even diseases and bodily distempers were not totally exempted from it ; and it became requisite, we are told, for all physicians to be expert in the spiritual profession, and, by theological considerations, to allay those religious terrors with 304 HISTOET OF ENGLAND. which their patients were so generally haunted. Learning itself, which tends so much to enlarge the mind and humanize the temper, rather served on this occasion to exalt that epidemical frenzy which prevailed. Rude as yet, and im- perfect, it supplied the dismal fanaticism with a variety of views, founded it on some coherency of system, enriched it with different fiigures of elocution — advantage, with which a people totally ignorant and barbarous had been happily unacquainted. From policy at first, and inclination, now from neces- sity, the king attached himself extremely to the hierarchy ; for like reasons, his enemies were determined, by one and the same effort, to overpower the Church and monarchy. While the Commons were in this disposition, the Irish rebellion was the event which tended most to promote the views in which all their measures terminated. A horror against the Papists, however innocent, they had constantly encouraged ; a terror from the conspiracies of that sect, however improbable, they had at all times endeavored to ex- cite. Here was broken out a rebellion, dreadful and unex- pected ; accompanied with circumstances the most detesta- ble of which there ever was any record ; and what was the peculiar guilt of the Irish Catholics, it was no difficult mat- ter, in the present disposition of men's minds, to attribute to that whole sect, who were already so much the object of general abhorrence. Accustomed, in all invectives, to join the prelatical party with the i'apists, the people immedi- ately supposed this insurrection to be the result of their united counsels ; and when they heard that the Irish rebels pleaded the king's commission for all their acts of violence, bigotry, ever credulous and malignant, assented without scruple to that gross imposture, and unloaded the unhappy prince with the whole enormity of a contrivance so barbar- ous and inhuman.^' By the difficulties and distresses of the crown, the Com- mons, who possessed alone the power of supply, had aggran- dized themselves ; and it seemed a peculiar happiness that the Irish rebellion had succeeded, at so critical a juncture, to the pacification of Scotland. That expression of the king's by which he committed to them the care of Ireland, they immediately laid hold of and interpreted in the most unlimited sense. They had on other occasions been gradu- ally encroaching on the executive power of the crown, " See note [T] at the end of the volume. HISTOEY OF ENGLAND. 305 ■which forms its principal and most natural branch of au- thority ; but with regard to Ireland, they at once assumed it, fully and entirely, as if delivered over to them by a reg- ular gift or assignment ; and to this usurpation the king was obliged passively to submit, both because of his inability to resist, and lest he should still more expose himself to the reproach of favoring the progress of that odious rebellion. The project of introducing further innovations in Eng- land being once formed by the leaders among the Com- mons, it became a necessary consequence that their opera- tions with regard to Ireland should, all of them, be con- sidered as subordinate to the former, on whose success, when once undertaken, their own grandeur, security, and even being must entirely depend. While they pretended the utmost zeal against the Irish insurrection, they took no steps towards its suppression but such as likewise tended to give them the superiority in those commotions which they foresaw must so soon be excited in England.^' The extreme contempt entertained for the natives in Ireland made the popular leaders believe that it would be easy at any time to suppress their rebellion and recover that king- dom ; nor were they willing to lose, by too hasty success, the advantage which that rebellion would afford them in their projected enroachments on the prerogative. By as- suming the total management of the war, they acquired the courtship and dependence of every one who had any connection with Ireland, or who was desirous of enlisting in these military enterprises. They levied money under pretence of the Irish expedition, but reserved it for pur- poses which concerned them more nearly ; they took arms from the king's magazines, but still kept them with a secret intention of employing them against himself ; whatever law they deemed necessary for aggrandizing themselves was voted under color of enabling them to recover Ireland ; and if Charles withheld the royal assent, his refusal was imputed to those pernicious counsels which had at first excited the popish rebellion, and which still threatened total destruc- tion to the Protestant interest throughout all his domin- ions ; ^ and though no forces were for a long time sent over to Ireland, and very little money remitted during the ex- treme distress of that kingdom, so strong was the people's attachment to the Commons that the fault was never im- *' Clarendon, vol. ii. p. 435. Sir Edward Walker, p. 6. *» Nalson, vol. ii. p. 618. Clarendon, vol. iv. p. B90. Vol. IV.— 20 806 HISTORY 01" ENGLAND; puted to those pious zealots, whose votes breathed nothing but death and destruction to the Irish rebels. To make the attack on royal authority by regular ap- proaches, it was thought proper to frame a general remon- strance of the state of the nation ; and, accordingly, the committee, which at the first meeting of Parliament had been chosen for that purpose, and which had hitherto made no progress in their work, received fresh injunctions to finish' that undertaking. The committee brought into the House that remon- strance which has become so memorable, and which was soon afterwards attended with such important consequences. It was not addressed to the king, but was openly declared to be an appeal to the people. The harshness of the matter was equalled by the severity of the language. It consists of many gross falsehoods, intermingled with some evident truths ; malignant insinuations are joined to open invec- tives, loud complaints of the past accompanied with jealous prognostications of the future. Whatever unfortunate, whatever invidious, whatever suspicious measure had been embraced by the king, from the commencement of his reign, is insisted on and aggravated with merciless rhetoric. The unsuccessful expeditions to Cadiz and the isle of Rhe are mentioned ; the sending of ships to France for the suppres- sion of the Huguenots ; the forced loans : the illegal confine- ment of men for not obeying illegal commands ; the violent dissolution of four parliaments ; the arbitrary government which always succeeded ; the questioning, fining, and im- prisoning of members for their conduct in the House ; the levying of taxes without consent of the Commons ; the in- troducing of superstitious innovations into the Church I without authority of law ; in short, everything which, either !]Avith or without reason, had given offence, during the course i'of fifteen years, from the accession of the king to the call- \iing of the present Parliament. And though all these griev- ances had been already redressed, and even laws enacted for future security against their return, the praise of these advantages was ascribed, not to the king, but to the Parlia- ment who had extorted his consent to such salutary statutes. Their own merits, too, they asserted, towards the kino' were no less eminent than towards the people. Thou"-h they had seized his whole revenue, rendered it totally pre- carious, and made even their temporary supplies be paid to their own commissioners, who were independent of him HISTORY OF ENGLAND. 307 they pretended that they had liberally supported him in his necessities. By an insult still more egregious, the very giv- ing of money to the Scots for levying war against their sovereign they represented as an instance of their duty towards him. And all their grievances, they said, which amounted to no less than a total subversion of the consti- tution, proceeded entirely from the formed combination of a popish faction, who had ever swayed the king's coun- sels, who had endeavored, by an uninterrupted effort, to in- troduce their superstition into England and Scotland, and who had now, at last, excited an open and bloody rebellion in Ireland.*' This remonstrance, so full of acrimony and violence, was a plain signal for some further attacks intended on royal prerogative, and a declaration that the concessions already made, however important, were not to be regarded as satis- factory. What pretensions would be advanced, how un- precedented, how unlimited, were easily imagined ; and nothing less was foreseen, whatever ancient names might be preserved, than an abolition, almost total, of the monarchical government of England. The opposition, therefore, which the remonstrance met with in the House of Commons was great. For above fourteen hours the debate was warmly managed ; and from the weariness of the king's party, which probably consisted chiefly of the elderly people and men of cool spirits, the vote was at last carried by a small majority of eleven.^" Some time after the remonstrance was ordered to be printed and published, without being carried up to the House of Peers for their assent and concurrence. When this remonstrance was dispersed, it excited every- where the same violent controversy which attended it when introduced into the House of Commons. This Parliament, said the partisans of that assembly, have at length profited ■ by the fatal example of their predecessors, and are resolved that the fabric which they have generously undertaken to rear for the protection of liberty shall not be left to future ages, insecure and imperfect. At the time when the Petition of Right, that requisite vindication of a violated constitution, was extorted from the unwilling prince, who but imagined that liberty was at last secured, and that the laws would thenceforth m.aintain themselves in opposition to arbitrary authority ? But what was the event ? A right was indeed " Rushworth, toI. v. p. 438. Nalson, vol. i. p. 694. CO Wliitlocke, p. 49. Dugdale, p. 71. Nalsou, vol. 11. p. G68. 308 HISTOKT OF ENGLAND. acquired to the people, or rather, their ancient right was more exactly defined ; but as the power of invading it still remained in the prince, no sooner did an opportunity offer than he totally disregarded all laws and preceding engage- ments, and made his will and pleasure the sole rule of government. Those lofty ideas of monarchical authority, which he has derived from his' early education, which are united in his mind with the irresistible illusions of self-love, which are corroborated by his mistaken principles of relig- ion, it is in vain to hope that, in his more advanced age, he will sincerely renounce, from any subsequent reflection or experience. Such conversions, if ever they happen, are extremely rare ; but to expect that they will be derived from necessity, from the jealousy and resentment of antago- nists, from blame, from reproach, from opposition, must be the result of the fondest and most blind credulity. These violences, however necessary, are sure to irritate a prince against limitations so cruelly imposed upon him ; and each concession which he is constrained to make is regarded as a temporary tribute paid to faction and sedition, and is secretly attended with a resolution of seizing every favorable opportunity to retract it. Nor should we imagine that opportunities of that kind will not offer in the course of human affairs. Governments, especially those of a mixed kind, are in continual fluctuation ; the humors of the people change perpetually from one extreme to another ; and no resolution can be more wise, as well as more just, than that of employing the present advantages against the king, who had formerly pushed much less tempting ones to the utmost extremities against his people and his Parliament. It is to be feared that, if the religious rage which has seized the multitude be allowed to evaporate, they will quickly return to the ancient ecclesiastical establishment, and with it em- brace those principles of slavery which it inculcates with such zeal on its submissive proselytes. Those patriots who are now the public idols may then become the objects of general detestation, and equal shouts of joy attend their ignominious execution with those which second their present advantages and triumphs. Nor ought the apprehension of such an event to be regarded in them as a seliish considera- tion : in their safety is involved the security of the laws ; the patrons of the constitution cannot suffer without a fatal blow to the constitution ; and it is but justice in the public to protect, at any hazard, those who have so generously HISTOEY 01" ENGLAND. 309 exposed themselves to the utmost hazard for the public interest. What though monarchy, the ancient government of England, be impaired, during these contests, in many of / its former prerogatives ; the laws will flourish the more by j its decay ; and it is happy, allowing that matters are really / carried beyond the bounds of moderation, that the current ( at least runs towards liberty, and that the error is on that i f) side which is safest for the general interest of mankind and '] society. The best arguments of the royalists against a further attack on the prerogative were founded more on opposite ideas which they had formed of the past events of this reign than on opposite principles of government. Some invasions, they said, and those, too, of moment, had un- doubtedly been made on national privileges ; but were we to look for the cause of these violences, we should never find it to consist in the wanton tyranny and injustice of the ' prince, not even in his ambition or immoderate appetite for authority. The hostilities with Spain, in which the king, on his accession, found himself engaged, however imprudent and unnecessary, had proceeded from the advice, and even importunity, of the Parliament, who deserted him imme- diately after they had embarked him in those warlike meas- ures. A young prince, jealous of honor, was naturally afraid of being foiled in his first enterprise, and had not as yet attained such maturity of counsel as to perceive that his greatest honor lay in preserving the laws inviolate, and gaining the full confidence of his people. The rigor of the subsequent parliaments had been extreme with regard to many articles, particularly tonnage and poundage, and had reduced the king to an absolute necessity, if he would pre- serve entire the royal prerogative, of levying those duties by his own authority, and of breaking through the forms, in order to maintain, the spirit, of the constitution. Having once made so perilous a step, he was naturally induced to continue, and to consult the public interest by imposing ship-money and other moderate though irregular burdens and taxations. A sure proof that he had formed no system / for enslaving his people is, that the chief object of his- / government has been to raise a naval, not a military force — a project useful, honorable, nay, indispensably requisite, and, in spite of his great necessities, brought almost to a happy Conclusion. It is now full time to free him from all these necessities, and to apply cordials and lenitives after those 310 HISTOKT OF ENGLAND. severities, -which have already had their full course against him. Never was sovereiarn blessed with mure moderation of temper, with more justice, more humanity, more honor, or a more gentle disposition. What pity that such a prince should so long have been harassed with rigors, suspicions, calumnies, complaints, encroachments, and been forced from that path in which the rectitude of his principles would have inclined him to have constantly trodden ! If some few instnnces are found of violations made on the Petition of Right, which he himself had granted, there is an e.-isier and more natural way for preventing the return of like incon- veniences than by a total abolition of royal authority. Let the revenue be settled suitably to the ancient dignity and splendor of the crown ; let the public necessities be fully supplied ; let the remaining articles of prerogative be left untouched ; and the king, as he has already lost the power, will lay aside the will, of invading the constitution. From what quarter can jealousies now rise ? What further secu- rity can be desired or expected ? The king's preceding con- cessions, so far from being insufficient for public security, have rather erred on the other extreme ; and, by depriving him of all power of self-defence, are the real cause why the Commons are emboldened to raise pretensions hitherto un- heard of in the kingdom, and to subvert the whole system of the constitution. But would they be content with mod- erate advantages, is it not evident that, besides other im- portant concessions, the present Parliament may be continued till the government be accustomed to the new track, and every part be restored to full harmony and concord ? By the triennial act a perpetual succession of parliaments is established, as everlasting guardians to the laws, while the king possesses no independent power or military force by which he can be supported in his invasion of them. No danger remains but what is inseparable from all free con- stitutions, and what forms the very essence of their freedom — the danger of a change in the people's disposition, and of general disgust contracted against popular privileges. To prevent such an evil, no expedient is more proper than to contain ourselves within the bounds of moderation, and to consider that all extremes, naturally and infallibly, beget each other. In the same manner as the past usurpations of the crown, however excusable on account of the necessity or provocations whence they arose, have excited an immeas- urable appetite for liberty, let us beware lest our encroach- HISTORY OF ENGLAND. 311 merits, by introducing anarchy, make the people seek shelter under the peaceable and despotic rule of a monarch. Au- thority, as well as liberty, is requisite to government, and is even requisite to the support of liberty itself, by maintain- ing the laws, which can alone regulate and protect it. What madness, while everything is so happily settled under ancient forms and institutions, now more exactly poised and adjusted to try the hazardous experiment of a new constitution, and renounce the mature wisdom of our ancestors for the crude whimsies of turbulent innovators ! Besides the certain and inconceivable mischiefs of civil war, are not the perils apparent which the delicate frame of liberty must inevitably sustain amid the furious shock of arms? Whichever side \ prevails, she can scarcely hope to remain inviolate, and may | suffer no less, or rather greater injuries from the boundless ' pretensions of forces engaged in her cause than from the invasion of enraged troops enlisted on the side of monarchy. , The king, upon his return from Scotland, was received in London with the shouts and acclamations of the people, and with every demonstration of regard and affection.^^ Sir Richard Gourney, lord mayor, a man of moderation and authority, had promoted these favorable dispositions, and bad engaged the populace, who so lately insulted tlie king and who so soon after made furious war upon him, to give him these marks of their dutiful attachment. But all the pleasure which Charles reaj)ed from this joyous reception ^^ was soon damped by the remonstrance of the Commons ' which was presented him, together with a petition of a like strain. The bad counsels which he followed are there com-| . plained of ; his concurrence in the Irish rebellion plainly! insinuated ; the scheme laid for the introduction of popery' and superstition inveighed against ; and, as a remedy for all these evils, he4§dssiredJ;^in^i^t^£vecx|-o^ceM mand tojer^aiVTa^^55s3^^G'arliamen.t sbSilC53^^^S^''^5fi- t^'cofinde!^ By this phrase, which is so often repeated in all the memorials and addresses of that time, the Commons meant themselves and their adherents. ' As soon as the remonstrance of the Commons was pub- lished, the king dispersed an answer to it. In this contest he lay under great disadvantages. Not only the ears of the people were^_gxt]:emgly_gmj^J;Ced,_against iiro ; the best topics upon which hecouMjustrfy, at least apologize for, "1 Eushworth, vol. t. p. 429. 52 Kushworth, vol. v. p. 437. Nalsou, vol. ii. p. 692. 312 HISTORY 01" EM-GLAND. his former conduct -were such as it was not safe or prudent for hina at this time to employ. So high was the national idolatry towards parliaments that to blame the past conduct of these assemblies would have been very ill received by the generality of the people. So loud were the complaints against regal usurpations that had the king asserted the prerogative of supplying, by his own authority, the deficien- cies in government arising from the obstinacy of the Com- mons, he would have increased the clamors with which the whole nation already resounded. Charles, therefore, con- i tented himself with observing in general that, even during that period so much complained of, the people enjoyed a great measm-e of happiness, not only comparatively in re- spect of their neighbors, but even in respect of those times which were justly accounted the most fortunate. He made warm protestations of sincerity in the reformed religion ; he promised indulgence to tender consciences with regard to the ceremonies of the Clmrch ; he mentioned his great concessions to national liberty ; he blamed the infamous libels everywhere dispersed against his person and the national religion ; he complained of the general reproaches thrown out in the remonstrance with regard to ill counsels, though he had protected no minister from parliamentary justice, retained no unpopular servant, and conferred offices on no one who enjoyed not a high character and estimntion in the public. " If, notwithstanding this," he adds, " any malignant party shall take heart, and be willing to sacrifice the peace and happiness of their country to their own sinister ends and ambition, under whatever pretence of religion and conscience ; if they shall endeavor to lessen my reputation and interest, and to weaken my lawful power and authority ; if they shall attempt, by discountenancing the present laws, to loosen the bands of government, that all disorder and confusion may break in upon us, I doubt ,not but God, in his good time, will discover them to me, arid that the wisdom and courage of my high court of Par- liament will join with me in their suppression and punish- taent." ^' Nothing shows more evidently the hard situation in which Charles was placed than to observe that he was obliged to confine himself within the limits of civility to- wards subjects who hadxtransgressed all bounds of regard, and even of good manners, in the treatment of their sov- ereign. "' Nalson, vol. ii. p. 748. a HISTORY OF ENGLAND. 313 The first instance of those parliamentary encroachments which Charles was now to look for was the bill for pressing soldiers to the service of Ii-eland. This bill quickly passed the lower House. In the preamble the king's power of'' pressing, a power exercised during all former times, was de- clared illegal and contrary to the liberty of the subject. By~ a necessary consequence, the prerogative which the crown had ever assumed of obliging men to accept of any branch of public service was abolished and annihilated — a prerog- ative, it must be owned, not very compatible with a limited monarchy. In order to elude this law, the king offered to raise ten thousand volunteers for the Irish service ; but the Commons were afraid lest such an army should be too much at his devotion. Charles, still unwilling to submit to so con- siderable a diminution of power, came to the House of Peers, and offered to pass the law without the preamble ; by which means, he said, that ill-timed question with regard to the prerogative would for the present be avoided, and the pretensions of each party be left entire. Both Houses took fire at this measure, which, from a similar instance while the bill of attainder against Strafford was in depen- dence, Charles might foresee would be received with resent- ment. The Lords, as well as Commons, passed a vote , declaring it to be a high breach of privilege for the king to i take notice of any bill which was in agitation in either ofH the Houses, or to express his sentiments with regard to it before it be presented to him for his assent in a parliamen- tary manner. The king was obliged to compose all matters by an apology." The general question, we may observe, with regard to privileges of Parliament has always been, and still con- tinues, one of the greatest mysteries in the English con- stitution, and, in some respects, notwithstanding the ac- curate genius of that government, these privileges are at present as undetermined as were formerly the prerogatives of the crown. Such privileges as are founded on long pre- cedent cannot be controverted; but though it were certain that former kings had not, in any instance, taken notice of bills lying before the Houses (which yet appears to have been very common), it follows not, merely from their never exerting such a power, that they had renounced it, or never were possessed of it. Such privileges, also, as are essential K Knshworth, vol. v. pp. 457, 458, etc. Clarendon, vol. ii.'p. 327. Nalsou, vol. 11. pp. 738, 750, 751, etc. 314 HISTOET OF ENGLAND. to all free assemblies which deliberate, they may be allowecl to assume, whatever precedents may prevail ; but though the king's interposition, by an offer of advice, does in some degree overawe or restrain liberty, it may be doubted whether it imposes such evident violence as to entitle the Parliament, without any other authority or concession, to claim the privilege of excluding it. But this was the fav- orable time for extending privileges ; and had none more exorbitant or unreasonable been challenged, few bad conse- quences had followed. The establishment of this rule, it is certain, contributes to the order and regularity as well as freedom of parliamentary proceedings. Tlie interposition of peers in the election of commoners was likewise about this time declared a breach of privilege, and continues ever since to be condemned by votes of the Commons and universally practised throughout the nation. Every measure pursued by the Commons, and, still more, every attempt made by their partisans, were full of the most inveterate hatredjigainst the hierarchy, and showed ■; a determinedTCsolution of subverting the whole ecclesias- j tical establishment. Besides numberless vexations and j persecutions which the clergy underwent from the arbi- trary power of the lower House, the Peers, while the king was in Scotland, having passed an order for the observance of the laws with regard to public worship, the Commons , assumed such authority that by a vote alone of their House they suspended those laws, though enacted by the whole , legislature, and they particularly forbade bowing at the name of Jesus— a practice which gave them the highest scandal and which was one of their capital objections against the established religion.^^ They complained of the king's filling five vacant sees, and considered it as an insult upon them that he should complete and strengthen an order which they intended soon entirely to abolish.''^ They had accused thirteen bishops of high treason for enacting canons without consent of Parliament," though, from the founda- tion of the monarchy, no other method had ever been practised ; and they now insisted thai the Peers, upon this general accusation, should sequester those bishops from their seats in Parliament and commit them to prison. Their bill for taking away the bishops' votes haa last winter been rejected by the Peers ; but they again introduced the ra Rushworth, Tol. v. pp. 385, 386. Nalsou, vol ii. p. 482. »« Nalsoii, Tol. ii. p. 511. m Rushworth, vol. v. p. 35s. HISTORY 05- ENGLAND. 315 same bill, though no prorogation had intervened, and they endenvoved, by some minute alterations, to elude that rule of Parliament which opposed them; and when they sent up this bill to the Lords they made a demand, the most absurd in the world, that the bishops, being all of them parties, should be refused a vote with regard to that ques- tion.^' After the resolution was once formed by the Com- mons of invading the established government of Church and State, it could not be expected that their proceedings in such a violent attempt would thenceforth be altogether » regular and equitable ; but it must be confessed that, m their attack on the hierarchy, they still more openly passed all bounds of moderation, as supposing, no doubt, that the sacredness of the cause would sufficiently atone for employ- ing means the most irregular and unprecedented. This principle, which prevails so much among zealots, never dis- played itself so openly as during the transactions of this whole period. But notwithstanding these efforts of the Commons, they could not expect the concurrence of the upper House either to this law or to any other which they should intro- duce for the further limitation of royal authority. The majority of the Peers adhered to the king, and plainly foresaw the depression of nobility as a necessary con- sequence of popular usurpations on the crown. The in- solence, indeed, of the Commons, and their haughty treat- ment of the Lords, had already risen to a great height, and gave sufficient warning of their future attempts upon that order. They muttered somewhat of their regret that they should be obliged to save the kingdom alone, and that the House of Peers would have no part in the honor. Nay, they went so far as openly to tell the Lords "that they themselves were the representative body of the whole king- dom, and that the Peers were nothing but individuals who held their seats in a particular capacity; and, therefore, if their lordships will not consent to the passing of acts neces- sary for the preservation of the people, the Commons, to- gether with such of the Lords as are more sensible of ihe danger, must join together and represent the matter to his majesty." '" So violent was the democratic, enthusiastic spirit diffused throughout the nation that a total oonfusion of all rank and order was justly to be apprehended ; md the wonder was, not that the majority of the nobles should ts Ciarenuon, vol. ii. p. 304. »» Clarendon, vol. li. p. 415. 316 HISTORY OF ENGLAND. seek shelter under the throne, but that any of them should venture to desert it. But the tide of popularity seized many, and carried them wide of the most established max- ims of civil policy. Among the opponents of the kmg are ranked the Earl of Northumberland, lord admiral, a man of the first family and fortune, and endowed with that dignified pride which so well became his rank and station ; the Earl of Essex, who inherited all his father's popularity, and having, from his early youth, sought renown in arms, united to a middling capacity that rigid inflexibility of honor which forms the proper ornament of a nobleman and a soldier ; Lord Kimbolton, soon after Earl of Manchester, a person distinguished by humanity, generosity, affability, and every amiable virtue. These men, finding that their credit ran high with the nation, ventured to encourage those popular disorders which they vainly imagined they pos- sessed authority sufficient to regulate and control. In order to obtain a majority in the upper House, the Commons had recourse to the populace, who on other occa- sions had done them such important service. Amid the greatest security, they affected continual fears of destruc- tion to themselves and the nation, and seemed to quake at every breath or rumor of danger. They again excited the people by never-ceasing inquiries after conspiracies, by reports of insurrections, by feigned intelligence of in- vasions from abroad, by discoveries of dangerous combina- tions at home among Papists and their adherents. When Charles dismissed the guard which they had ordered during his absence, they complained ; and upon his promising them a new guard under the command of the Earl of Lindesey, they absolutely refused the offer, and were pleased to in- sinuate by this instance of jealousy that their danger chiefly arose from the king himself.™ They ordered halberts to be brought into the hall where they assembled, and thus armed themselves against those conspiracies with which they pretended they were hourly threatened. All stories of plots, however ridiculous, were willingly attended to and were dispersed among the multitude, to whose capacity they were well adapted. Beale, a tailor, informed the Commons that, walking in the fields, he had hearkened to the discourse of certain persons unknown to him, and had heard them talk of a most dangerous conspiracy. A hun- dred and eight ruffians, as he learned, had been appointed 0" Journal, November 30, 1611. Nalson, vol. li. p. 688. HISTOKT 01" ENGLAND. 317 to murder a hundred and eight lords and commoners, and were promised rewards for these assassinations — ten pounds for each lord, forty shillings for each commoner. Upon this notable intelligence orders were issued for seizing priests and Jesuits, a conference was desired with the Lords, and the deputy-lieutenants of some suspected counties were ordered to put the people in a posture of defence.^^ The pulpits likewise were called in aid, and resounded with the dangers which threatened religion from the des- perate attempts of Papists and malignants. Multitudes flocked towards Westm^inster and insulted the prelates and such of the lords as adhered to the crown. The Peers voted a declaration against those tumults and sent it to the lower House ; but these refused their concurrence.^^ Some seditious apprentices being seized and committed to prison, immediately reqeived their liberty by an order of the Com- mons.°' The sheriffs and justices having appointed con- stables with strong watches to guard the Parliament, the Commons sent for the constables and required them to discharge the watches, convened the justices, voted their orders a breach of privilege, and sent one of them to the Tower." Encouraged by these intimations of their pleas- ure, the populace crowded about Whitehall and threw out insolent menaces against Charles himself. Several reduced officers and young gentlemen of the inns of court, during this time of disorder and danger, offered their service to the king. Between them and the populace there passed frequent skirmishes which ended not without bloodshed. By way of reproach, these gentlemen gave the rabble the appellation of Roundheads, on account of the short-cropped hair which they wore ; these called the others Cavaliers ; and thus the nation, which was before sufficiently provided with religious as well as civil causes of quarrel, was also supplied with party names under which the factions might rendezvous and signalize their mutual hatred."^ Meanwhile the tumults still continued, and even in- creased about Westminster and Whitehall. The cry in- cessantly resounded against " bishops and rotten-hearted lords." ^ The former especially, being distinguishable by their habit, and being the object of violent hatred to all the « Nalson, toI. ii. p. 646. Journal, NoTember 16, 1641. Dugdale, p. 7T. M Rushworth, part lii. vol. i. p. 710. "s Nalson, vol. ii. pp. 784, 702. " Nalson, p. 692. Journal, December 27, 28, 29, 1641. «5 Clarendon, vol. ii. p. 339. ™ Clarendon, vol. ii. p. 336. 318 HISTOBT OF ENGLAND. sectaries, were exposed to the most dangerous insults." Williams, now created Archbishop of York, having been abused by the populace, hastily called a meeting of his brethren. By his advice a protestation was drawn and ad- dressed to the king and the House of Lords. The bishops there set forth that though they had an undoubted right to sit and vote in Parliament, yet, in coming thither, they had been menaced, assaulted, affronted, by the unruly multitude, and could no longer with safety attend their duty in the House. For this reason they protested against laws, votes, and resolutions as null and invalid which should pass during the time of their constrained absence. This protestation, which, though just and legal, was certainly ill timed, was signed by twelve bishops, and communicated to the king, who hastily approved of it. As soon as it was presented to the Lords, that House desired a conference with the Com- mons, whom they informed of this unexpected protestation. The opportunity was seized with joy and triumph. An im- peachment of high treason was immediately sent up against the bishops, as endeavoring to subvert the fundamental laws and to invalidate the authority of the legislature.'^' They were, on the first demand, sequestered from Parliament and committed to custody. No man, in either House, ventured to speak a word in their vindication, so much displeased was every one at the egregious imprudence of which they had been guilty. One person alone said that he did not believe them guilty of high treason, but that they were stark-mad, and therefore desired they might be sent to Bedlam.*^ [1642.] A few days after, the king was betrayed into an- other indiscretion, much more fatal — an indiscretion to which all the ensuing disorders and civil wars ought immediately and directly to be ascribed. This was the impeachment of Lord Kimbolton and the five members. When the Commons employed, in their remonstrance, language so severe and indecent, they had not been actuated entirely by insolence and passion ; their views were more solid and profound. They considered that in a violent at- tempt such as an invasion of the ancient constitution, the more leisure Was afforded the people to reflect, the less would they be inclined to second that rash and dangerous enterprise ; that the Peers would certainly refuse their con- «' Dujjflale, p. 78. M Wliitlouke, p. 51. Eushworth, vol. v. p. 460. Nalson, vol. ii. p. 794. fi" Clarendon, vol. ii. p. 355. HISTOEY OF ENGLAND. 319 cuvrence, nor were there any hopes of prevailing on them but by instigating the populace to tumult and disorder; that the employing of such odious means for so invidious an end would, at long run, lose them all their popularity and turn the tide of favor to the contrary party ; and that if the king only remained in tranquillity, and cautiously eluded the first violence of the tempest, he would, in the end, certainly prevail, and be able at least to preserve the ancient laws , and constitutions. They were therefore resolved, if possible, { to excite him to some violent passion, in hopes that he ! T) would commit indiscretions of which they might make ad- j vantage. It was not long before they succeeded beyond their fond- j est wishes. Charles ^yas enMged^to find that all his con- | cessions but increased their demands ; that the people who j were returning to a sense of duty towards him were again J roused to sedition and tumults; that the blackest calumnies were propagated against him, and even the Irish massacre ascribed to his counsels and machinations; and that a method of address was adopted, not only unsuitable to- wards so great a prince, but which no private gentleman could bear without resentment. When he considered all these increasing acts of insolence in the Commons, he was apt to ascribe them, in a great measure, to his own indo- lence and facility. The queen and the ladies of the court further stimulated his passion, and represented that if he exerted the vigor and displayed the majesty of a monarch, the daring usurpations of his subjects would shrink before him. Lord Digby, a man of fine parts, but full of levity, and hurried on by precipitate passions, suggested like counsels ; and Charles, who, though commonly moderate in his temper, was ever disposed to hasty resolutions, gave way to the fatal importunity of his friends and servants.'" Herbert, attorney-general, appeared in the House of Peers, and, in his majesty's name, entered an accusation of high treason against Lord Kimbolton and five commoners — Hollis, Sn- Arthur Hazlerig, Harabden, Pym, and Strode. The articles were, that they had traitorously endeavored to subvert the fundamental laws and government of the king- dom, to deprive the king of his regal power, and to imijose on his subjects an arbitrary and tyrannical authority ; that they had endeavored, by many foul asjiersions on his maiesty and his government, to alienate the affections of his T> Clarendon, vol. ii. p. 360. 320 IIISTOKY OP ENGLAND. people and make him odious to them ; that they had at- tempted to draw his late army to disobedience of his royal commands, and to side with them in their traitorous de- signs; that they had invited and encouraged a foreign power to invade the kingdom ; that they had aimed at sub- verting the rights and very being of Parliament ; that, in order to complete their traitorous designs, they had en- deavored, as far as in them lay, by force and terror, to compel the Parliament to join .with them, and to that end had actually raised and countenanced tumults against the king and Parliament; and that they had traitorously con- spired to levy, and actually had levied, war against the king.'' The whole world stood amazed at this important accu- sation, so suddenly entered upon, without concert, deliber- ation, or reflection. Some of these articles of accusation, men said, to judge by appearance, seem to be common between the impeached members and the Parliament nor did these persons appear any further active in the enter- prises of which they were accused than so far as they con- curred with the majority in their votes and speeches. Though proofs might, perhaps, be produced of their privately inviting the Scots to invade England, how could such an attempt be considered as treason after the act of oblivion which had passed, and after that both Houses, with the kmg's concurrence, had voted that nation three hundred thousand pounds for their brotherly assistance ? While the House of IP'eers are scarcely able to maintain their independency, or to reject the bills sent them by the Commons, will they ever be permitted by the populace, supposing them inclined, to pass a sentence which must totally subdue the lower House, and put an end to their ambitious undertakings ? These five members, at least Pym, Hambden, and Hollis, are the very heads of the popular party ; and if these be taken off, what fate must be expected by their followers, who are many of them accomplices in the same treason ? The punish- ment of leaders is ever the last triumph over a broken and routed party, but surely was never before attempted in op- position to a faction during the full tide of its power and success. But men had not leisure to wonder at the indiscretion of this measure ; their astonishment was excited by new at- '1 Wliitlocke, p. 60. Eusliworth, vol. y. p. 473. Nalson, vol. ii. p. 811. Frank- lyu, p. 90(i. HISTOET OF ENGLAND. 321 tempts still more precipitate and imprudent. A sergeant- at-arms, in the king's name, demanded of the House the five members, and was sent' back without any positive answer. Messengers were employed to search for them and arrest them. Their trunks, cliambers, and studies were sealed and locked. The House voted all these acts of vio- lence to be breaches of privilege, and commanded every one to defend the liberty of the members.'^ The king, irritated by all this opposition, resolved next day to come in person to the House, with an intention to demand, perhaps seize, in their presence the men whom he had accused. This resolution was discovered to the Countess of Car- lisle, sister to Northumberland, a lady of spirit, wit, and intrigue.'' She privately sent intelligence to the five mem- bers, and they had time to withdraw a moment before the king entered. He was accompanied by his ordinary retinue, to the number of above two hundred, armed as usual, some with halberds, some with walking-swords. The king left them at the door, and he himself advanced alone through the hall, while all the members rose to receive him. The speaker withdrew from his chair and the king took possession of it. The speech which he made was as follows : " Gentle- men, I am sori-y for this occasion of coming to you. Yester- day I sent a sergeant-at-arms to demand some, who, by my order, were accused of high treason. Instead of obedience, I received a message. I must here declare to you that though no king that ever was in ICngland could be more careful of your privileges than I shall be, yet in cases of treason no person has privilege. Therefore am I come to tell you that I must have these men wheresoever I can find them. Well, since I see all the birds are flown, I do expect that you will send them to me as soon as they return. But I assure you, on the word of a king, I never did intend any force, but shall proceed against them in a fair and legal way, for I never meant any other ; and now, since I see I cannot do what I came for, I think this is no unfit occasion to re- peat what I have said formerly, and whatever I have done in favor and to the good of my subjects, I do intend to maintain it.'"^ When the king was looking around for the accused members, he asked the speaker, who stood below, whether any of these persons were in the house? The speaker, fall- '2 Whltlooke, p. BO. Kushworth, vol. v. pp. '^"i, 475. w WWtlooke, p. 51. Warwick, p. 2U4. " WMtlocke, p. 50. Vol. IV.— 21 322 HISTORY OF BNGIiAND. ing on his knee, prudently replied, " I have, sir, neither eyes to see nor tongue to speak, in this place, but as the House is pleased to direct me, whose servant I am. And I humbly ask pardon that I cannot give any other answer to what your majesty is pleased to demand of me." '' The Commons were in the utmost disorder ; and when the king was departing, some members cried" aloud so as he might hear them, " Privilege ! privilege ! " and the House immediately adjourned till next day.'^ That evening the accused members, to show the greater apprehension, removed into the city, which was their for- tress. The citizens were the whole night in arms. Some people who were appointed for that purpose, or perhaps actuated by their own terrors, ran from gate to gate, cry- ing out that the Cavaliers were coming to burn tlie city, and that the king himself was at their head. Next morning Charles sent to the mayoi', and ordered him to call a common council immediately. About ten o'clock, he himself, attended only by three or four lords, went to Guildhall. He told the common council that he was sorry to hear of the apprehensions entertained of him ; that he was come to them without any guard, in order to show how much he relied on their affections ; and that lie had accused certain men of high treason, against whom he would proceed in a legal way, and therefore presumed that they would not meet with protection in the city. After many other gracious expressions, he told one of the sheriffs, who of the two was thought the least inclined to his service, that he would dine with him. He departed the hall without receiving the applause which he expected. In passino- through the streets he heard the cry, " Privilege of Parlia^ ment! privilege of Parliament!" resounding from all quar- ters. One of the populace, more insolent than the rest, drew nigh to his coach, and called out with a loud voice, " To our tents, O Israel ! " the words employed by the mutinous Israelites wlien they abandoned Rehoboam, their rash and ill-counselled sovereign." When the House of Commons met, they affected the greatest dismay ; and, adjourning themselves for some days, ordered a committee to sit in Merchant Tailors' Hall in the city. The committee made an exact enquiry into all circumstances attending the king's entry into the House ; ™ Whitlocke, p. 50. May, bk. ii. p. 20. ™ Wliitlooke, p 51 " EusUwortli, vol. V. p. 479. Clarendon, vol. ii. p. 361. ' I HISTORY OF ENGLAND. -323 every passionate speech, every menacing gesture of any,i even the meanest, of his attendants, was recorded and aggravated ; an intention of offering violence to the Parlia-- ment, of seizing the accused members in the very House, and of murdering all who should make resistance, was in- ferred ; and that unparalleled breach of privilege, so it was called, was still ascribed to the counsel of Papists and their adherents. This expression, which then recurred every moment in speeches and memorials, and which at present is so apt to excite laughter in the reader, begat at that time the deepest and most real consternation throughout the kingdom. A letter was pretended to be intercepted, and was com- municated to the committee, who pretended to lay great stress upon it. One Catholic there congratulates another on the accusation of the members, and represents that incident as a branch of the same pious contrivance which had excited the Irish insurrection, and by which the profane heretics would soon be exterminated in England." The House again met, and, after confirming the votes of their committee, instantly adjourned, as if exposed to the rnost imminent perils from the violence of their enemies. This practice they continued for some time. When the people, by these affected panics, were wrought up to a sufficient degree of rage and terror, it was thought proper that the accused members should, with a triumphant and military procession, take their seats in the House. The river was covered with boats and other vessels, laden with small pieces of ordnance and prepared for fight. Skippon, whom the Parliament had appointed, by their own authority, major-general of the city militia,'^ conducted the members, at the head of this tumultuary army, to Westminster Hall. And when the 'populace, by land and by water, passed . Whitehall, they still asked, with insulting shouts, "What has become of the king and his Cavaliers? And whither are they fled?" ^0 The king, apprehensive of danger from the enraged multitude, had retired to Hampton Court, deserted by all the world, and overwhelmed with grief, shame, and remorse for the fatal measures into which he had been hurried. His distressed situation he could no longer ascribe to the rigors of destiny or the malignity of enemies ; his own precipitancy ■" Nalson, -vol. ii. p. 836. ™ Nalson, vol. ii. p. 833. 81 Wbitlocke, p. 52. Dugdale, p. 82. Clarendon, Tol. ii. p. 380. 324 HISTORY OF ElfGLAND. aricl indiscretion must bear the blame of whatever disasters should henceforth befall him. The most faithful of his adherents, between sorrow and indignation, were confounded with reflections on what had happened and what was likely to follow. Seeing every prospect blasted, faction triumph- ant, the discontented populace inflamed to a degree of fury, they utterly despaired of success in a cause to whose rum friends and enemies seemed equally to conspire. The prudence of the king in his conduct of this affair no- body pretended to justify. The legality of his proceedings met with many and just apologies, though generally offered to unwilling ears. No maxim of law, it was said, is more established, or more universally allowed, than that privilege of Parliament extends not to treason, felony, or breach of peace ; nor has either House, during former ages, ever pre- tended in any of those cases to interpose in behalf of its members. Though some inconveniences should result from the observance of this maxim, that would not be sufficient, without other authority, to abolish a principle established by uninterrupted precedent and founded on the tacit consent of the whole legislature. But what are the inconveniences so much dreaded ? The king, on pretence of treason, may seize any members of the o]iposite faction, and, for a time, gain to his partisans the majority of voices. But if he seize only a few, will he not lose more friends by such a gross artifice than he confines enemies? If he seize a great nuni- ber, is not this expedient force, open and barefaced ? And what remedy at all times against such force but to oppose to it a force which is superior? Even allowing that the king intended to employ violence, not authority, for seizing the members (though at that time, and ever afterwards, he positively asserted the contrary), j'et will his conduct admit .of excuse. That the hall where the Parliament assembles is an inviolable sanctuary was never yet protended. And if the Commons complain of the affront offered them by an attempt to arrest their members in their very presence, the blame must lie entirely on themselves, who had formerly refused compliance with the king's message when he peace- ably demanded these members. The sovereign is the great executor of the laws, and his presence was here legally em- ployed, both in order to prevent opposition and to protect the House against those insiilts which their disobedience had so well merited. ' Charles knew to how little purpose he should urge these HISTORY OB' ENGLAND. 325 reasons against the present fury of the Commons. He pro- posed, therefore, by a message, that they would agree upon a legal method by which he might carry on his prosecution against the members, lest further misunderstandings hap- pen with regard to privilege. They desired him to lay the grounds of accusation before the House, and pretended that they must first judge whether it were proper to give up their members to a legal trial. The king then informed them that he would waive for the present all prosecution ; by successive messages, he afterwards offered a pardon to the members ; offered to concur in any law that should ac- quit or secure them ; offered any reparation to the House for the breach of privilege, of which, he acknowledged, they had reason to complain."^ They were resolved to accept of no satisfaction, unless he would discover his advisers in that illegal measure — a condition to which they knew that, with- out rendering himself forever vile and contemptible, he could not possibly submit. Meanwhile they continued to thunder against the violation of parliamentary privileges, and by their violent outcries to inflame the whole nation. The secret reason of their displeasure, however obvious, they carefully concealed. In the king's accusation of the mem- bers they plainly saw his judgment of the late parliamentary proceedings ; and every adherent of the ruling faction dreaded the same fate should royal authority be re-estab- lished in its ancient lustre. By the most unhappy conduct, Charles, while he extremely augmented in his opponents the will, had also increased the ability, of hurting him. The more to excite the people, whose dispositions were already very seditious, the expedient of petitioning was re- newed. A petition from the county of Buckingham was presented to the House by six thousand subscribers, who promised to live and die in defence of the privileges of Par- liament.'^ The city of London, the county of Essex, that of Hertford, Surrey, Berks, imitated the example. A petition from the apprentices was graciously received.'^ Nay, one was encouraged from the porters, whose numbers amounted, as they said, to fifteen thousand."* The address of that great body contained the same articles with all the others, the privileges of Parliament, the danger of religion, the re- bellion of Ireland, the decay of trade. The porters fui-ther »i Dugdale, p. 84. Eush worth, toI. t. pp. 484, 488, 492, etc. 82 Eushworth, vol. v. p. 487. '^ Eushwortli, vol. v. p. 462. M Dugdale, p. 87. 326 HISTORY OF ENGLAND. desired that justice might be done upon offenders, as the atrociousness of their crimes had deserved. And they added " that if such remedies were any longer suspendad, they should be forced to extremities not lit to be named, and" make good the saying that 'Necessity has no law.' " *^ Another petition was presented by several poor people, or beggars, in the name of many thousands more, in which the petitioners proposed as a remedy for the public miseries " that those noble worthies of the House of Peers who con- cur with the happy votes of the Commons may separate *lhemselves from the rest, and sit and vote as one entire body." The Commons gave thanks for this petition.'^ The very women were seized with the same rage. A brewer's wife, followed by many thousands of her sex, brought a petition to the House, in which the petitioners expressed their terror of the Papists and prelates, and their dread of like massacres, rapes, and outrages with those ■which had been committed upon their sex in Ireland. They had been necessitated, they said, to imitate the example of the woman of Tekoah ; and they claimed equal right with the men of declaring by petition their sense of the public cause, because Christ had purchased them at as dear a rate, and in the free enjoyment of Christ consists equally the happi- ness of both sexes. Pym came to the door of the House, and having told the female zealots that their petition was thankfully accepted, and was presented in a seasonable time, he begged that their prayers for the success of the Commons might follow their petition. Such low arts of popularity were affected, and by such illiberal cant were the unhappy people incited to civil discord and convulsions. In the mean time, not only all petitions which favored the Church or monarchy, from whatever hand they came, were discouraged, but the petitioners were sent for,"impris- soned, and prosecuted as delinquents ; and this uneqal con- duct was openly avowed and justified. Whoever desire a change, it was said, must express their sentiments; for how, otherwise, shall they be known ? But those who favor the established government in Church or State should not peti- tion, because they already enjoy what they wish for." The king had possessed a great party in the Lower House, as appeared in the vote for the remonstrance ; and this party, had every new cause of disgust been carefully fli* Clarendon, vol. ii. p. 412. 86 Clarendon, vol. ii. p. 413 8' Clarendon, vol. ii. p. 449. HISTORY OF ENGLAND. 327 avoided, would soon have become the majority, irom the odium attending the violent measures embraced by the popular leaders. A great majority he always possessed in the House of Peers, even after the bishops were confined or chased away ; and this majority could not have been over- come but by outrages which, in the end, would have drawn disgrace and ruin on those who had incited them. By the present fury of the people, as by an inundation, were all these obstacles swept away, and every rampart of royal authority laid level with the ground. The victory was pursued with impetuosity by the sagacious Commons, who knew the im- portance of a favorable moment in all popular commotions. The terror of their authority they extended over the whole nation ; and all opposition, and even all blame, vented in private con"ersation, were treated as the most atrocious crimes by these severe inquisitors. Scarcely was it per- mitted to find fault with the conduct of any particular member, if he made a figure in the House; and reflections thrown out on Pyra were at this time treated as breaches of privilege. The pojDulace without doors were ready to execute, from the least hint, the will of their leaders ; nor was it safe for any member to approach either House who pretended to control or oppose the general torrent. After so undisguised a manner was this violence conducted that Hollis, in a speech to the Peers, -desired to know the names of such members as should vote contrary to the sentiments of the Commons.*' And Pym said, in the lower House, that the people must not be restrained in the expressions of their just desires.^ By the flight of terror or despondency of the king's party, an undisputed majority remained everywhere to their opponents ; and the bills sent up by the Commons, which had hitherto stopped with the Peers and would certainly have been rejected, now passed, and were presented for the royal assent. These were the pressing bill with its pream- ble, and the bill against the votes of the bishops in Parlia- ment. The king's authority was at this time reduced to the lowest ebb. The queen, too, being secretly threatened with an impeachment, and finding no resource in her hus- band's protection, was preparing to retire into Holland. The rage of the people was, on account of her religion as well as her spirit and activity, universally levelled against her. Usage the most contumelious she had hitherto borne s» King's Declaration of the 12tli of August, 1642. " Ibid. 328 HISTORY OF ENGLAND. with silent indignation. The Commons, in their fury against priests, had seized her very confessor ; nor would they re- lease him upon her repeated applications. Even a visit of the prince to his mother had been openly complained of, and remonstrances against it had been presented to her.'" Apprehensive of attacks still more violent, she was desirous of facilitating her escape ; and she prevailed with the king to pass these bills, in hopes of appeasing for a time the rage of the multitude."^ These new concessions, however important, the king immediately found to have no other effect than all the pre- \ ceding ones : they were made the foundation of demands \ still more exorbitant. From the facility of his disposition, 'from the weakness of his situation, the Commons believed that he could now refuse them nothing. And they regarded the least moment of relaxation in their invasion of royal authority as highly impolitic during the uninterrupted tor- rent of their successes. The very moment they were in- formed of these last acquisitions, they affronted the queen by opening some intercepted letters written to her by Lord Digby ; they carried up an impeachment against Herbert, attornej--general, for obeying his master's commands in ac- cusing their members.^'' And they prosecuted with fresh vigor their plan of the militia, on which they rested all future hopes of an uncontrolled authority. The Commons were sensible that monarchical govern- ment, which, during so many ages, had been established in England, would soon regain some degree of its former dig- nity after the present tempest was overblown ; nor would all their new-invented limitations be able totally to suppress an authority to which the nation had ever been" accustomed. The sword alone, to which all human ordinances must sub- mit, could guard their acquired power, and fully insure to them personal safety against the rising indignation of their sovereign. This point, therefore, became the chief object of their aims. A large magazine of arms being placed in the town of Hull, they despatched thither Sir John Hotham, a gentleman of considerable fortune in the neighborhood, and of an ancient family ; and they gave him the authority of governor. They sent orders to Goring, Governor of Portsmouth, to obey no commands but such as he should receive from the Parliament. Not content with having "0 NalBoii, TOl. ii. p. 512. oi Clarendon, vol. ii. p. 428 »2 Rushworth, vol. v. p. 489. Clarendon, vol. ii. p. 385. HISTORY OF t;ngland. 329 obliged the king to displace Lunsford, whom he nad ap- pointed governor of the Tovver,"^ thej' never ceased solicit- ing him till he had also displaced Sir John Biron, a man of unexceptionable character, and had bestowed that command on Sir John Conyers, in whom alone they said they could repose confidence. After making a fruitless attempt, in which the Peers refused their concurrence, to give public warning that the people should put themselves in a posture of defence against the enterprises of " Papists and other ill- affected persons," ^* they now resolved, by a bold and de- cisive stroke, to seize at once the whole power of the sword, and to confer it entirely on their own creatures and ad- herents. The severe votes passed in the beginning of this Parlia- ment against lieutenants and their deputies for exercising powers assumed by all their predecessors had totally dis- armed the crown, and had not left in any magistrate mili- tary authority sufficient for the defence and security of the nation. To remedy this inconvenience now appeared neces- sary. A bill was introduced, and passed the two Houses, which restored to lieutenants and deputies the same powers of which the votes of the Commons had bereaved them ; but at the same time the names of all the lieutenants were inserted in the bill, and these consisted entirely of men in whom the Parliament could confide. And for their conduct they were accountable, by the express terms of the bill, not to the king, but to the Parliament. The policy pursued by the Commons, and which had hitherto succeeded to admiration, was to astonish the king by the boldness of their enterprises, to intermingle no sweetness with their severity, to employ expressions no less violent than their pretensions, and to make him sensible in what little estimation they held both his person and his dig- nity. To a bill so destructive of royal authority they pie- fixed, with an insolence seemingly wanton, a preamble equally dishonorable to the personal character of the king. These are the words : " Whereas there has been of late a most dangerous and desperate design upon the House of Commons, which we have just cause to believe an effect of the bloody counsels of Papists and other ill-affected persons, who have already raised a rebellion in the kingdom of Ire- land ; and whereas, by reason of many discoveries, we can- not but fear they will proceed, not only to stir up the like 93 Busliworth, Tol. v. p. 459. '* Nalson, vol. ii- p. 850. 330 HISTOEY OP ENGLAND. rebellions and insurrections in this kingdom of England, but also to back them with forces from abroad," '^ etc. Here Charles first ventured to put a stop to his conces- sions ; and that not by a refusal, but a delay. Wheu this; demand was made — a demand which, if granted, the Com- mons justly regarded as the last they should ever have oc- casion to make — he was at Dover, attending the queen and the Princess of Orange in their embarkation. He replied that he had not now leisure to consider a matter of so great importance, and must therefore respite his answer till his re- turn.^^ The Parliament instantly despatched another mes- sage to him, with solicitations still more importunate. They expressed their great grief on account of his niajesty''s an- swer to their just and necessary petition. They represented that any delay, during dangers and distractions so great and pressing, was not less unsatisfactory and destructive than an absolute denial. They insisted that it was their duty to see put in execution a measure so necessary for public safety ; and they affirmed that the people in many counties had applied to them for that purpose, and in some places were, of themselves and by their own authority, pro- viding against those urgent dangers with which they were threatened.*" Even after this insolence the king durst not venture upon a flat denial. Besides excepting to the preamble, which threw such dishonor upon him, and protesting the innocence of his intentions when he entered tlie House of Commons, he only desired that the military authority, if it were defective, should first be conferred upon the crown ; and he promised to bestow commissions, but such as should be revocable at pleasure, on the same pei-sons whom the Parliament had named in the bill."^ By a former message he had expressed his wishes that they would lay before him, in one view, all the concessions which they deemed requisite for the settlement of the nation. They pretended that they were exposed to perils so dreadful and imminent that they had not leisure for such a work.'^ The expedient proposed by the king seemed a suflScient remedy during this emergency, and yet maintained the prerogatives of the crown entire and unbroken. But the intentions of the Commons were wide of this purpose, and their panics could be cured by one remedy »= Rushworth, vol. v. p. 619. <" Eushworth, vol. v. p. 521. m Ibid " liushwortU, vol. v. p. 521. on Kushworth, vol. v. pp. 516, 517." HISTOET OF EN-GLAND. 331 alone. They instantly replied that the dangeis and dis- tempers of the nation were such as could endure no longer delay; and unless the king speedily complied with their demands, they should be constrained, for the safety of prince and people, to dispose of the militia by the authority of both Houses, and were resolved to do it accordingly. They asserted that those parts of the kingdom which had, from their own authority, put themselves in a posture of defence during these prevailing fears and jealousies had acted suitably to the declarations, and directions of both Houses, and conformably to the laws of the kingdom. And while they thus menaced the king with their power, they invited him to fix his residence at London, where they knew he would be entirely at mercy."" " I am so much amazed at this message," said the king, in his prompt reply, "that I know not what to answer. You speak of jealousies and fears ! Lay your hands on your hearts, and ask yourselves whether I may not likewise be disturbed with fears and jealousies ; and if so, I assure you that this message has nothing lessened them. " As to tlie militia, I thought so much of it before I gave that answei', and am so much assured that the answer is agreeable to what in justice Or reason you can ask, or I in honor grant, that I shall not alter it in any point. " For my residence near you, I wish it might be safe and honorable, and that I had no cause to absent myself from Whitehall ; ask yourselves whether I have not."^ " What would you have ? Have I violated your laws ? Have I denied to pass any bill for the ease and security of my subjects ? I do not ask what you have done for me. " Have any of my people been transported with fears and apprehensions ? I offer as free and general a pardon as yourselves can devise. All this considered, there is a judg- ment of Heaven upon this nation if these distractions con- tinue. " God so deal with me and mine as all my thoughts and intentions are upright for the maintenance of the truie Prot- estant profession, and for the observance and preservation of the laws ; and I hope God will bless and assist those laws for iny preservation." "'^ No sooner did the Commons despair of obtaining the . king's consent to their bill than they instantly voted that / loo Rushworth, part iii. vol. i, ch. iv. p. 533. Ml Eusliworth, vol. v. p. 524. m' Eushworth, vol. v. p. 632. 332 HISTORY OF ENGLAND. those who advised his majesty's answer were enemies to the state and mischievous projectors against the safety of the nation ; that this denial is of such dangerous consequence that, if his majesty persist in it, it will hazard the peace and tranquillity of all his kingdoms, unless some speedy remedy be applied by the wisdom and authority of both Houses ; and that such of the subjects as have put themselves in a posture of defence against the common danger have done nothing but what is justifiable and approved by the House. ^"^ Lest the people might be averse to the seconding of all these usur]jations, they were plied anew with rumors of dan- ger, with the terrors of invasion, with the dread of English and Irish Papists ; and the most unaccountable panics were spread throughout the nation. Lord Digby having entered Kingston in a coach and six, attended by a few livery ser- vants, the intelligence was conveyed to ]>ondon ; and it was immediately voted that he had appeared in a hostile manner, to the terror and affright of his majesty's subjects, and had levied war against the king and kingdom ^°* Petitions from all quarters loudly demanded of the Parliament to put the nation in a posture of defence ; and the county of Stafford, in particular, expressed such dread of an insurrection among the Papists that every man, they said, was constrained to stand upon his guard, not even daring to go to church un- armedJ"^ Tpat the same violence by which he had so long been oppressed might not still reach him and extort his consent to the militia bill, Charles had resolved to remove further from London ; and, accordingly, taking the Prince of Wales and the Duke of York along with him, he arrived by slow journeys at York, which he determined for some time to I make the place of his resid'ence. The distant parts of the \ kingdom, being removed fi'om that furious vortex of new , principles and opinions which had transported the capital, 1 still retained a sincere regard for the Church and monarchy; 'and the king here found marks of attachment beyond what •'he had before expected.'"^ From all quarters of England, the prime nobility and gentry, either personally or by mes- sages and letters, expressed tlieir duty towards him, and exhorted him to save himself and them from that ignomin- ious slavery with which they were threatened. The small 103 Riishworth, part iii. vol. i. ch. iv. p. 524. iM Clarendon. Rusjiwortli, part iii. vgl. i. ch, ii. p. 496. [ 105 Dugdale, p. 88. wo Warwick, p. 203. HISTORY OF ENGLAND. 333 interval of time which had passed since the fatal accusation of the members had been sufficient to open the eyes of many, and to recover them from the astonishment witli which at first they had been seized. One i-ash and passionate attempt of the king's seemed but a small counterbalance to so many acts of deliberate violence which had been offered to him and every branch of the legislature ; and, however sweet the sound of liberty, many resolved to adliere to that mod- erate freedom transmitted them from their ancestors, and now better secured by such important concessions, rather than, by engaging in a giddy search after more independence, run manifest risk either of incurring a cruel subjection or abandoning all law and order. Charles, finding himself supported by a considerable party in the kingdom, began to speak in a firmer tone, and to retort the accusations of the Commons with a vigor which he had not before exerted. Notwithstanding their remon- strances and menaces and insults, he still persisted in refus- ing their bill ; and they proceeded to frame an ordinance, in which, by the authority of the two Houses, without the king's consent, they named lieutenants for all the counties, and conferred on them the command of the whole military force, of all the guards, garrisons, and forts of the kingdom. He issued proclamations against this manifest usurpation ; and, as he professed a resolution strictly to observe the law himself, so was he determined, he said, to oblige every other jDerson to pay it a like obedience. The name of the king was essential to all laws, and so familiar in all acts of exec- utive authority that the Parliament was afraid, had they totally omitted it, that the innovation would be too sensible to the people. In all commands, therefore, which they con- ferred, they bound the persons to obey the orders of his majesty, signified by both Houses of Parliament ; and, in- venting a distinction liitherto unheard of between the office and the person of the king, those very forces which they employed against him, they levied in his name and by his authority.^"' It is remarkable how much the topics of argument were now reversed between the parties. The king, while he ac- knowledged his former error of employing a plea of neces- sity in order to infringe the laws and constitution, warned the Parliament not to imitate an example on which they threw such violent blame ; and the Parliament, while they 10' Kushwortli, vol. v. p. 526. 334 HISTORY OV EiSTGLAND. clothed their personal fears or ambition under the appear- ance of national and imminent danger, made unknow- ingly an apology for the most exceptionable part of the king's conduct. / That the liberties of the people were no longer exposed to any peril from royal authority, so nar- rowly circumscribed, so exactly defined, so much unsup- ported by revenue and by military power, might be main- tained upon very plausible topics ; but that the danger, allowing it to have any existence, was not of that kind — great, urgent, inevitable, which dissolves all law and levels all limitations — seems apparent from the simplest view of these transactions. So obvious, indeed, was the king's pres- ent inability to invade the constitution that the fears and jealousies which operated on the people, and pushed them so furiously to arms, were undoubtedly not of a civil, but of a religious nature. The distempered imaginations of men were agitated with a continual dread of popery, with a hor- ror against prelacy, with an antipathy to ceremonies and the liturgy, and with a violent affection for whatever was most opposite to these objects of aversion. The fanatical spirit let loose, confounded all regard to ease, safety, interest, and dissolved every moral and civil obligation.^"^ Each party was now willing to throw on its antagonist the odium of commencing a civil war ; but both of them prepared for an event which they deemed inevitable. To gain the people's favor and good opinion was the chief point ■on both sides. Never was there a people less corrupted by vice and more actuated by principle than the English during that period. Never were there individuals who possessed ;more capacity, more coui-age, more public spirit, more dis- lintergsted zeal. The infusion of one ingredient in too large a proportion had corrupted all these noble principles and converted them into the most virulent poison. To determine his choice in the approaching contests, every man hearkened with avidity to the reasons proposed on both sides. The war of the pen preceded that of the sword, and daily sharp- ened the humors of the opposite parties. Besides private adventurers without number, the king and Parliament them- selves carried on the controversy by messages, remonstrances, and declarations, where the nation was really the party to whom all arguments were addressed. Charles had here a double advantage. Not only his cause was more favorable, as supporting the ancient government in Church and State ™ See note [U] at the end o£ the volume. HISTORY OF ENGLAND. 335 against the most illegal pretensions, it was also defended with more art and eloquence. Lord Falkland had accepted the ofBce of secretary — a rnan who adorned the purest vir- tue with the richest gifts of nature and the most valuable acquisitions of learning. By him, assisted by the king him- self, were the memorials of the royal party chiefly composed. So sensible was Charles of his sujjeriority in this particular that he took care to disperse everywhere the papers of the Parliament together with his own, that the people might be the more enabled by comparison to form a judgment between them. The Parliament, while they distributed copies of their own, were anxious to suppress all the king's composi- tions.i"' To clear up the principles of the constitution, to mark the boundaries of the powers intrusted by law to the several members, to show what great improvementij the whole polit- ical system had received from the king's late concessions, to demonstrate his entire confidence in his people and his reliance on their affections, to point out the ungrateful re- turns which had been made him, and the enormous en- croachments, insults, and indignities to which he had been, exposed — these were the topics which, with so much just- ness of reasoning and propriety of expression, were insisted on in the king's declarations and remonstrances."" Though these writings were of consequence, and tended much to reconcile the nation to Charles, it was evident that they would not be decisive, and that Jceener w.£apons^.m.ust determine the controversy. To the ordinance of the Parlia- rnernrlioncerning the militia, the king opposed his com- missions of array. The counties obeyed the one or the other, according as they stood affected. And in many counties, where the people were divided, mobbish combats and skirmishes ensued."^ The Parliament, on this occasion, went so far as to vote " that when the Lords and Commons in Parliament, which is the supreme court of judicature, shall declare what the law of the land is, to have this not only questioned, but contradicted, is a high breach of their privileges." "^ This was a plain assuming of the whole legislative authority, and exerting' it in the most material article, the government of the militia. Upon the same prin- ciples, they pretended, by a verbal criticism on the tense of M» Eushworth, toI. v. p. 751. "» See note IX] at the end of the volume. 1" May, bk. il. p. 99. "^ Eushworth, vol. v. p. 534. 336 HISTOEY OF ENGLAND. a Latin vevb, to ravish from the king his negative voice in the legislature.™ The magazine of Hull contained the arms of all the forces levied against the Scots ; and Sir John Hothani, tlie governor, though he had accepted of a commission from the Parliament, was not thought to be much disaffected to the Church and monarchy. Charles, therefore, entertained hopes that, if he presented himself at Hull before the com- mencement of hostilities, Hotham, overawed by his presence, would admit him with his retinue; after which he might easily render himself master of the place. But the gov- ernor was on his guard. He shut the gates and refused to receive the king, who desired leave to enter with twenty persons only. Charles immediately proclaimed him traitor, and complained to the Parliament of his disobedience. The Parliament avowed and justified the action."* The county of York levied a guard for the king of six hundred men ; for the kings of England had hitherto lived 'among their subjects like fathers among their children, and had derived all their security from tlie dignity of their character and from the protection of the laws. The two , Houses, though they had already levied a guard for them- SL'1\ es, had attempted to seize all the military power, all the navy, and all tlie forts of the kingdom; and had openly em]iloyed their authority in every kind of warlike prep- arations, yet inmicdiately voted " that the king, seduced by wicked counsel, intended to make war against his Parlia- ment, who, in all their consultations and actions, had pro- posed no other end but the care of his kingdoms and the performance of all duty and loyalty to his person ; that this attempt was a breach of the trust reposed in him bv his people, contrary to his oath, and tending to a dissolution of the government; and that whoever should assist him in such a war were traitors by the fundamental laws of the kingdom." "* The armies, which had been everywhere raised on pre- tence of the service in Ireland, were henceforth more openly enlisted by the Parliament for their own purposes, and the '" The king, by his coronalion oath, promises iliat he would maintain the laws and customs which the people had chosen, guas vulr/us elegerlt; the Parlia- ment pretended tliat eleqeril meant shall choose, and eonsequently tiiat the kiue had no right to refuse any bills which ahould be presented him. See Kushwortli vol. V. p. 5S0. ' >" Whitloeke, p. 65. Rushworth, vol. v. p. BSo, etc. May, bk. ii p 51 "i Whitlocke, p. 57. Kushworth, vol. v. p. 717. Dugd'ale, p. 93. May, bk. HISTORY OF ENGLAND. "^7 commcand of them was given to the Earl of Essex. Iii London, no less than four thousand men enlisted in one "- day."^ And the Parliament voted a declaration, which they required every member to subscribe, that they would live and die with their general. They issued orders for bringing in loans of money and i plate, in order to maintain forces which should defend the king and both Houses of Parliament; for this style they still preserved. Within ten days, vast quantities of plate were - brought to their treasurers. Hardly were there men enough ; to receive it or room sufficient to stow it; and many, with' regret, were obliged to carry back their offerings and wait till the treasurers could find leisure to receive them. Such zeaj^ animated the piou^ partisans of the Parliament.,_.e&pe — ci.ally in the city 1 The women gave up all the plate and ornaments of their houses, and even their silver thimbles and bodkins, in order to support the good cause against the malign ants.'" Meanwhile, the splendor of the nobility with which the king was environed much eclipsed the appearance at West- minster. Lord Keeper Littleton, after sending the great ' seal before him, had fled to York. Above forty peers of the first rank attended the king,^" while the House of Lords seldom consisted of more than sixteen members. Near the moiety, too, of the lower House absented themselves from counsels which they deemed so full of danger. The Com- mons sent up an impeachment against nine peers for desert- ing their duty in Parliament. Their own members, also, who should return to them, they voted not to admit till satisfied concerning the reason of their absence. Charles made a declaration to the peers who attended him that he expected from them no obedience to any com- mands which were not warranted by the laws of the land. The peei'S answered this declaration by a protest, in which they declared their resolution to obey no commands but such as were warranted by that anthority.^^' By these de- ■ , liberate engagements, so worthy of an English prince and f English nobility, they meant to confound the furious and J "tumultuary resolutions taken by the Parliament. The queen, disposing of the crown jewels in Holland, had been enabled to purchase a cargo of arms and am- "" Vicar's God in the Mount. "' WhiUocke, p. D8. Dugdale, pp. 96, 99. '" May, bk. ii, p. 59. IM Kusliworth, vol. v. pp. 626, 627. May, bk. ii. p. 86. Warwick, p. 210. Vol. IV.— 22 33!« HISTORY OF ENGLAND. , munition. Part of these, after escaping many perils, ar- rived safely to the king. His preparations were ijoj-near so ~ forward as those of the Parliament. In order to remove all jealousy, he had resolved that their usurpations and illegal pretensions should be apparent to the whole world, and thought that to recover the confidence of the people was a point much more material to his interest than the collecting of any magazines, stores, or armies, which might breed ap- prehensions of violent or illegal counsels. But the urgent necessity of his situation no longer admitted of delay. He now prepared himself for defence. With a spirit, activity, and address which neither tlie one party apprehended nor the other expected, he employed all the advantages which remained to him, and roused up his adherents to arms. The resources of this prince's genius increased in proportion to his difficulties, and he never appeared greater than when plunged into the deepest perils and distresses. From the mixed character, indeed, of Charles arose in part the mis- ' fortunes in which England was at this time involved. His 1 political errors, or rather jtgakji£a§e§j had raised him in- ' veterate enemies ; his eminent moral virtues had procured \ him zealoiis partisans ; and between the h.atred of the one and the affections of the other was the nation agitated with the most violent convulsions. That the king might despair of all composition, the Par- liament sent him the conditions on which they were willing 'to come to an agreement. Their demands, contained in nineteen propositions, amounted to a total abolition of mon- -archical authority. They required that no man should re- main in the council who was not agreeable to Parliament ; that no deed of the king's should have validity unless it passed the council and was attested under their hand ; that all the officers of state and principal judges should be chosen with consent of Parliament, and enjoy their offices for life ; that none of the royal family should marry without consent of Parliament or council ; that the laws should be executed against Catholics ; that the votes of popish lords should be excluded ; that the reformation of the liturgy and Church government should have place according to advice of Par- liament ; that the ordinance with regard to the militia be submitted to ; that the justice of Parliament pass upon all delinquents ; that a general pardon be granted, with such exceptions as should be advised by Parliament ; that the forts and castles be disposed of by consent of Parlia- HISTOET OF ENGLAND. 339 ment ; and that no peer be made but with consent of both Houses.^^ " Should I grant these demands," said the king, in reply, " I may be waited on bareheaded ; I may have my hand kissed ; the title of majesty may be continued to me ; and ' The king's authority, signified by both Houses,' may still be the style of your commands ; I may have swords and maces carried before me, and please myself with the sight of a crown and sceptre (though even these twigs would not long flourish when the stock upon which they grew was , dead ) ; but as to true and real power, I should remain buf^ J the outside, but the picture, but the sign of a king." ^^"^J War on any terms was esteemed by the king and all his| councillors preferable to so ignominious a peace. Charles' accordingly resolved to support his authority by arms. " His towns," he said, " were taken from him, his ships, his arms, his money ; but there still remained to him a good cause and the hearts of his loyal subjects, which, with God's blessing, he doubted not, would recover all the rest." Col- lecting, therefore, some forces, he advanced southwards ; and at Nottingham he erected his royal standard, the open signal of discord and civil war throughout the kingdom. ™ Kushworth, vol. v. p. 722. May, bk. ii. p. 54. jsi Kushworth, vol. v. p. 728. Warwick, p. 189. 340 HISTOET OF ENGLAND. CHAPTER LVI. COMMENCEMENT OF THE CIVIL WAE. — STATE OP PAETIBS. BATTLE OF EDGEHILL. NEGOTIATION AT OXFORD. VIC- TORIES OF THE ROYALISTS IN THE WEST. BATTLE OF STEATTON OF LANSDOWN OF EO0NDWAY DOWN. DEATH OF HAMBDEN. BEISTOL TAKEN. SIEGE OF GLOU- CESTEE. BATTLE OF NEWBUEY. ACTIONS IN THE NOETH OF ENGLAND. SOLEMN LEAGUE AND COVENANT. ARMING OF THE SCOTS. STATE OF lEELAND. [1642.] When two names so sacred in the English con- ' stitution as tliose of King and Parliament were placed in op- position, no wonder the people were divided in their choice, and were agitated with the most violent animosities and factions. The nobility and more considerable gentry, dreading a ■' total confusion of rank from the fury of the populace, en- listed themselves in defence of the monarch, from whom they received, and to whom they communicated their lustre. Animated with the spirit of loyalty derived from their an- cestors, they adhered to the ancient principles of the consti- tution, and valued themselves on exerting the maxims as well as inheriting the possessions of the old English fami- lies ; and while they passed their time mostly at their coun- try-seats, they were surprised to hear of opinions prevailing with which they had ever been unacquainted, and which implied not a limitation, but an abolition, almost total, of monarchical authority. The city of London, on the other hand, and most of the ; gi-eat corporations, took part with the Parliament, and adopted with zeal those democratical principles on which thea»i;eteng^ons of that assembly were founded. The gov- ernmentofcitfe, which even under absolute monarchies is commonly republican, inclined them to this party : the small hereditary influence which can be retained over the indus- trious inhabitants of towns, the natural independence of cit- izens, and the force of popular currents over those more nu- merous associations of mankind — all these causes gave, there, HISTOEY OF ENGLAND. 341 authority to the new principles propagated throughout the nation. Many families, too, which had lately been enriched by commerce saw with indignation that, notwithstanding their opulence, they could not raise themselves to a level with the ancient gentry ; they therefore adhered to a power by whose success they hoped to acquire rank and consider- ation ; ^ and the new splendor and glory of the Dutch com- - monwealth, where liberty so happily supported industry, made the commercial part of the nation desire to see a like form of government established in England. The genius of the two religions, so closely at this time inter wovtn with politics, corresponded exactly to these di- visions. The Presbyterian religion was new, republican, and suited to the genius of the populace ; the other had an air of greater show and ornament, was established on an- cient authority, and bore an affinity to the kingly and aris- tocratical parts of the constitution. The devotees of pres- ■ bytery became, of course, zealous partisans of the Parlia- ment; the friends of the Episcopal Church valued them- selves on defending the rights of monarchy. Some men also there were of, Uljeral education who, being either careless or ignorant of^ those disputes bandied about by the clergy on both sides, aspired to nothing but an easy enjoyment of life amid the jovial entertainment and social intercourse of their companions. All these flocked to the king's standard, where they breatlied a freer air, and [ were exempted from that rigid preciseness and melancholy austerity which reigned among the parliamentary party. Never was a quarrel more unequal than seemed at first [ that between the contending parties ;^ almost every ad van-] tags, layjigainst the royal ^cause. The kmg's revenue had ' TOen seized, from the beginning, by the Parliament, who issued out to him, from time to time, small sums for his present subsistence ; and as soon as he withdrew to York they totally stopped all payments. London and all the sea- ports, except Newcastle, being in their hands, the customs yielded them a certain and considerable supply of money; and all contributions, loans, and impositions were more ea- sily raised from the cities which possessed the ready money, and where men lived under their inspection, than they could be levied by the king in those open countries which after some time declared for him. The seamen naturally followed the disposition of the • Clarendon, vol. iii. p. 4. 342 HISTORY OF ENGLAND. seaports to wliicli they belonged ; and the Earl of Northum- berland, lord admiral, having embraced the party of the Parliament, had appointed, at their desire, the Earl of Warwick to be his lieutenant, who at once established his authority m the fleet, and kept the entire dominion of the sea in the hands of that assembly. All the magazines of arms and ammunition were from the first seized by the Parliament ; and their fleet intercepted the greater part of those which were sent by the queen from Holland. The king was obliged, in order to arm his follow- ers, to borrow the weapons of the trained bands, under promise of restoring them as soon as peace should be settled in the kingdom. The veneration for parliaments was at this time extreme throughout the nation.^ The custom of reviling those assemblies for corruption, as it had no pretence, so was it unknown during all former ages. Few or no instances of their encroaching ambition or selfish claims had hitherto been observed. Men considered the House of Commons in no other light than as the representatives of the nation, whose interest was the same with that of the public, who were the eternal gardians of law and liberty, and whom no motive but the necessary defence of the people could ever engage in an opposition to the crown. The torrent, there- fore, of general affection ran to the Parliament. Wliat is the great advantage of popularity, the privilege of affixing epithets, fell of course to that party. The king's adherents were the Wicked and the Malignant ; their adversaries were Godly and the Well-affected. And as the force of the cities was more united than that of the country, and at once gave shelter and protection to the parlimentary party, who could easily suppress the roy.alists in their neighborhood, almost the whole kingdom, at the commencement of tlie war, seemed to be in the hands of the Parliament.' What alone gave the king some compensation for all the /advantages possessed by his adversaries was thejiaturejiiid .qualities of his adherents. More bravery and activity were hoped for, from the generous spirit of the" nobles and gentry, than from the base dispositionxilthe multitude ; and°as the men of estates, at their own expense, levied and armed their tenants, besides an attachment to their masters, greater force and courage were to be expected in these rustic troops than in the vicious and enervated populace of cities. 2 Walker, p. 336. 3 Warwick, p. 318. HISTOET 01" ENGLAND. 343 The neighboring states of Europe, being engaged in violent wars, little interested themselves in tliese civil commotions ; and this island enjoyed the singular advantage (for such it surely was) of fighting out its own quarrels with- out the interposition of foreigners. France, from policy,, had fomented the first disorders in Scotland, had sent over' arms to the Irish rebels, and continued to give countenance to the English Parliament ; Spain, from bigotry, furnished the Irish with some supplies of money and arms. The Prince of Orange, closely allied to the crown, encouraged^ English officers who served in the Low Countries to enlist in the king's army ; the Scottish officers, who had been formed in Germany and in tlie late commotions, chiefly took part with the Parliament. The contempt entertained by the Parliament for the king's party was so great that it was the chief cause of j)ush- ing matters to such extremities against him ; and many believed that he never would attempt resistance, but must soon yield to the pretensions, however enormous, of the two Houses. Even after his standard was erected, men could not be brought to apprehend the danger of a civil war ; nor was it imagined that he would have the imprudence to enrage his implacable enemies, and render his own condition more desperate by opposing a force wliich was so much superior. The low condition in which he appeared at Not- tingham confirmed all these hopes. His artillery, though far from numerous, had been left at York for want of horses to transport it. Besides the trained bands of the country raised by Sir John Digby, the sheriff, he had not gotten together above three hundred infantry. His cavalry in which consisted his chief strength, exceeded not eight hundred, and were very ill provided with arms. The forces of the Parliament lay at Northampton, within a few days' march of him, and consisted of above six thousand men, well armed and well appointed. Had these troops advanced upon him, they must soon have dissipated the small force which he had assembled/ By pursuing htm in' his retreat, they had so discredited his cause and discouraged his adherents as to have forever prevented his collecting an . army able to make head against them. But the Earl of Essex, the parliamentary general, had not yet received an^ orders from his masters.* What rendered them so back- ' ward, after such precipitate steps as they had formerly taken, * Clarendon, vol. iii pp. 1, 2. 344 HISTOBT OF ENGLAND. is not easily explained. It is probable that in the ex- treme distress of his party consisted the present safety of the king. The Parliament hoped that the royalists, sensible of their feeble condition, and convinced of their slender resources, would disperse of themselves, and leave their adversaries a victory, so much the more com])lete and secure as it would be gained without the appearance of force and without bloodshed. Perhaps, too, when it became neces- sary to make the concluding step, and offer bai'efaced violence to their sovereign, their scruples and apprehen- sions, though not sufScient to overcome their resolutions, were able to retard the execution of them.^ Sir Jacob Astley, whom the king had .appointed major- general of his intended army, told him that he could not give him assurance but he might be taken out of his bed if the rebels should make a brisk attempt to that purpose. All the king's attendants were full of well-grounded appre- hensions. Some of the lords having desired that a message might be sent to the Parliament with overtures to a treaty, Charles, who well knew that an accommodation, in his ])res- ent condition, meant nothing but a total submission, hastily broke up the council, lest this proposal should be further insisted on. But next day, the Earl of Southampton, whom no one could suspect of base or timid sentiments, having offered the same advice in council, it was hearkened to with more coolness and deliberation. He urged that though such a step would probably increase the insolence of the Parlia- ment, this was so far from being an objection that such dispositions must necessarily turn to -the advantage of the royal cause ; that if they refused to treat, which was more probable, the very sound of peace was so po])ular that nothing could more disgust the nation than such haughty severity ; that if they admitted of a treaty, their propo'snls, considering their present situation, would be so exorbitant as to ojien the eyes of their most partial .adherents, and turn the general favor to the king's party ; and that, at worst, time might be gained by this expedient, and a delay of the imminent danger with which the king was at present threatened.^ Charles, on assembling the council, had declared against all advances towards an accommodation, and had said that, having nothing now left him but his honor, this last jiosses- sion lie was resolved steadily to preserve, and rather to " Claremlou, vol. iii. p 18. Wliitlocke, p. 64. 20 Ruslnvorth, vol. vi. p. "(U so Kusliworth, vol. vi. p. 166. Clarendon, vol. iii. p. 119. HISTOKV OF JSNGIATTD. 353 shoved their inclination to abolish monarchy ; they only asked,- at present, the power of doing it. And having now, in the eye of the law, been guilty of treason by levying war against their sovereign, it is evident that their fears and jealousies must, on that account, have multiplied extremely, and have rendered their personal safety, which they inter- wove with the safety of the nation, still more incompatible with the authority of the monarch. Though the gentleness j and lenity of the king's temper might have insured them against schemes of future vengeance, they preferred, as is, no doubt, natural, an independent security, accompanied, too, with sovereign power to the station of subjects, and that not entirely guarded from all apprehensions of danger.*^ , The conferences went no further than the first demand on each side. The Parliament, finding that there was no likelihood of coming tO/ any agreement, suddenly recalled their commissioners. A military enterprise, which they had concerted early in the spring, was immediately undertaken. Reading, the gar- rison of the king's which lay nearest to London, was esteemed a jalace of considerable strength in that age, when the art of attacking towns was not well understood in Europe, and was totally unknown in England. The Earl of Essex sat down before this place with an army of eighteen thousand men, and carried on the siege by regular approaches. Sir Ai'thur Aston, the governor, being wounded. Colonel Field- ing succeeded to the command. In a little time the town was found to be no longer in a condition of defence ; and though the king approached, with an intention of obliging Essex to raise the siege, the disposition of the pai'liamentary army was so strong as rendered the design impracticable. Fielding, therefore, was contented to yield the town, on condition that he should bring off all the garrison with the honors of war and deliver up deserters. This last article was thought so ignominious and so prejudicial to the king's interests that the governor was tried by a council of war, and condemned to lose his life for consenting to it. His sentence was afterwards remitted by the king.^^ Essex's army had been fully supplied with all necessaries from London ; even many superfluities and luxuries were sent them by the care of the zealous citizens ; yet the hardships which they suffered from the siege during so early a season s' See note [T] at the end of the volume. 32 BushwQrth, vol. vi. p. 265, etc. Clarendon, vol. iii. pp. 237, 238, etc. Vol. IV.— 23 354 HISTORY OP ENGLAND. had weakened them to such a degree that they were no longer fit for any new enterprise. And the two armies for some time encamped in the neighborhood of each other with- out attempting, on either side, any action of moment. Besides the military operations between the principal armies which lay in the centre of England, each county, each town, each family almost, was divided within itself, and the most violent convulsions shook the whole kingdom. Through- out the winter continual efforts had everywhei-e been made by each party to surmount its antagonist ; and the English, roused from the lethargy of peace, with eager though unskil- ful hands, employed against their fellow-citizens their long- neglected weapons. The furious zeal for liberty and Pres- byterian discipline, which had hitherto run uncontrclled throughout the nation, now at last excited an equal ardor for monarchy and episcopacy, when the intention of abolish- ing these ancient modes of government was openly avowed by the Parliament. Conventions ior neutrality, though in sevei-al counties they had been entered into and confirmed by the most solemn oaths, yet being voted illegal by the two Houses, were immediately broken,''^ and the fire of discord was spread into every quarter. The altercation of discourse, the controversies of the pen, but, above all, the declamations of the pulpit, indisposed the minds of men towards each other and propagated the blind rage of party. ^■' Fierce, however, and inflamed as were the dispositions of the /English by a war both civil and religious, that great dc- I stroyer of humanity, all the events of this period are less dis- tinguished by atrocious deeds, either of treachery or cruelty, than were ever any intestine discords which had so long a continuance — a circumstance which will be found to reflect great praise on the national character of that people now so ■unhappily roused to arms. In the north. Lord Fairfax commanded for the Parlia- ment, the Earl of Newcastle for the king. The latter noble- man began those associations which were afterwards so much practised in other parts of the kingdom. He united in a league for the king the counties of Northumberland, Cum- berland, Westmoreland, and the Bishopric, and engaged some time after other counties in the same association. I^inding that Fairfax, assisted by Hotham and the garrison of Hull, was making progress in the southern parts of York- shire, he advanced with a body of four thousand men, and » Clarendon, vol. ill. pp. 137, 139. »' Dugdale, p, 95. HIST0I4Y OF ENGLAND. 355 took possession of York. At T.adcaster he altacked the forces of the Parliament and dislodged them, but his victory was not decisive. In other rencounters he obtained some inconsiderable advantages. But the chief benefit which resulted from liis enterprises was tlie establishing of the king's authority in all the northei-n ]3rovinces. In another part of the kingdom, Lord Broke was killed by a shot while he was taking possession of Lichfield for the I'arliament.^'' After a short combat near Stafford between the Earl of Northampton and Sir John Gell, tlie former, who commanded the king's forces, was killed while he fought with great valor; and his forces discouraged by his death, though they had obtained the advantage in the action, retreated into the town of Stafford."^ Sir William Waller began to distinguish himself among the generals of the Parliament. Active and indefatigable in his operations, rapid and enterjjrising, he was fitted by his genius to the nature of the war, which, being managed by raw troops, conducted by unexperienced commanders, afforded success to every bold and sudden undertaking. After taking Winchester and Chicester, he advanced towards Gloucester, which was in a manner blockaded by Lord Herbert, who had levied considerable forces in Wales for the royal party.'' While he attacked the Welsh on one side, a sally from Gloucester made impression on the other. Herbert was defeated ; five hundred of his men killed on tlie spot, a thousand taken prisoners, and he himself escaped with some difficulty to Oxford. Hereford, esteemed a strong town, defended by a considerable garrison, was sur- rendered to Waller from the cowardice of Colonel Price, the governor. Tewkesbury underwent the same fate. Worcester refused him admittance ; and Waller without placing any garrisons in his new conquests, retired to Glou- cester, and he thence joined the army under the Earl of Essex.'' But the most remarkable actions of valor during this winter season were performed in the west. When Sir Kalph 33 He had tJiken possession of Lichfield, and was viewing from a window St. Chad's CaUiedral, in which a P'^i'ty of the royti lists had fortitied themselves. Ho was cased in complete armor, hut was shot through the eye hy a random hall. Lord Broke was a zealous Puritan ; and had formerly said that he hoped to see with his eyes the rain of all the cathedrals of England. It was a superstitious remark of the royalists that he was killed on St. Chad's Day by a shot from St. Chad's Cathedral, which pierced that very eye by which he hoped to see the ruin of all cathedrals.— Dngdale, p. IIS. Clarendon, etc. a" Whitlocke, p. 60. Kushworth, vol, vi. p. 152. Clarendon, vol. iii. p. 151. K Eush worth, vol. vi. pp. 02, 100. '» Eush worth, vol. vi. p. 263. 356 HISTORY OF ESTGLATSTD. Hopton, with his small troop, retired into Cornwall before tlie Earl of Bedford, that nobleman, despising so inconsider- able a force, abandoned the pursuit, and committed the care of suppressing the royal party to the sheriffs of the county. But the affections of Cornwa"ll were much inclined to the king's service. While Sir Richard BuUer and Sir Alex- ander Carcw lay at Launceston, and employed themselves in executing the Parliament's ordinance for the militia, a meet- ing of the county was assembled at Truro, and, after Hopton produced his commission from the Earl of Hertford, the Idng's general, it was agreed to execute the laws, and to ex- pel these invaders of the county. The train-bands were accordingly levied, Launceston taken, and all Cornwall re- duced to peace and to obedience under the king. It had been usual for the royal party, on the commence- ment of these disorders, to claim on all occasions the strict execution of the laws, which they knew were favorable to them ; and the Parliament, rather than have recourse to the plea of necessity and avow the transgression of any statute, had also been accustomed to warp the laws, and, by forced constructions, to interpret them in their own favor.^' But tliough the king was naturally the gainer by such a method of conducting war, and it was by favor of law that the train- bands were raised in Cornwall, it appeared that those maxims were now jsrejudical to the royal party. These troops could not legally, without their own consent, be car- ried out of the county, and consequently it was impossible to push into Devonshire the advantage which they had ob- tained. The Cornish royalists, therefore, bethought them- selves of levying a force which might be more serviceable. Sir Bevil Granville, the most beloved man of that country. Sir Ralph Hopton, Sir Nicliolas Slanning, Arundel, and Trevannion, undertook at their own charges to raise an army for the king, and their great interest in Cornwall soon enabled them to effect their purpose. The Parliament, alarmed at this appearance of the royalists, gave commission to Ruthven, a Scotchman, governor of Plymouth, to march with all the forces of Dorset, Somerset, and Devon, and make an entire conquest of Cornwall. The Earl of Stam- ford followed him at some distance with a considerable sup- ply. Ruthven, having entered Cornwall by bridges thrown over the_ Tamar, hastened to an action, lest Stamford ehould join him and obtain the honor of that victory which ''■' Clarendon, vol. ill. p. 130. HISTORY OF ENGLAND. 357 he looked for with assurance. The royalists, in like mariner, were impatient to bring the affair to a decision before Ruthven's army should receive so considerable a reinforce- ment. The battle Avas fought on Bradoc Down, and the king's forces, though inferior in number, gave a total defeat to their enemies. Ruthven, with a few broken troops, fled to Saltash ; and when that town was taken, he escaped with some difficulty, and almost alone, into Plymouth. Stamford retired, and distributed his forces into Plymouth and Exeter. Notwithstanding these advantages, the extreme want,, both of money and ammunition, under which the Cornish royalists labored, obliged them to enter into a convention of neutrality with the parliamentary party in Devonshire, and this neutrality held all the winter season. In the spring it was broken by the authority of the two Houses, and war recommenced with great appearance of disadvantage to the king's party. Stamford having assembled a strong body of near seven thousand men, well supplied with money, pro- visions, and ammunition, advanced upon the royalists, who were not half his number, and were oppressed by every kind of necessity. Despair, joined to the natural gallantry of these troops, commanded by the prime gentry of the county, made them resolve by one vigorous effort to overcome all these advantages. Stamford being encamped on the top of a high hill near Stratton, they attacked him in four divisions at five in the morning, having lain all night under arms. One division was commanded by Lord Mohun and Sir Ralph Plopton, another by Sir Bevil Granville and Sir John Berkeley, a third by Slanning and Trevannion, a fourth by Basset and Godolphin. In this manner the action began ; the king's forces pressing with vigor those four ways up the hill, and their enemies obstinately defending themselves. The fight continued with doubtful success, till word was brought to the chief officers of the Cornish that their ammu- nition was spent to less than four barrels of powder This defect, which they concealed from the soldiers, they resolved to supply by their valor. They agreed to advance without firing till they should reach the top of the hill, and could be on equal ground with the enemy. The courage of the officers was so well seconded by the soldiers that the royal- ists began on all sides to gain ground. Major-general Childley, who commanded the parliamentary army (for Stamford kept at a distance), failed not in his duty; and when he saw his men recoil, he himself advanced with a 358 HISTORY OF ENGLAND. good Stand of pikes, and piercing into the thickest of the enemy, was at last overpowered by numbers and taken prisoner. His army, upon this disaster, gave ground apace ; insomuch that the four parties of the royalists, growing nearer and nearer as they ascended, at last met together upon the plain at the top, where they embraced with great joy, and signalized their victory with loud shouts and mutual congratulations.*" After this success the attention both of king and Parlia- ment was turned towards the west, as to a very important scene of action. The king sent thither the Marquis of Hert- ford and Prince Maurice with a reinforcement of cavalry, who, having joined the Cornish army, soon overran the county of Devon, and, advancing into that of Somerset, began to reduce it to obedience. On the other hand, the Parliament having supplied Sir William Waller, in whom they much trusted, with a complete army, despatched him westward, in order to check the progress of the royalists. After some skirmishes, the two armies met at Lansdown, near Bath, and fought a pitched battle with great loss on both sides, but without any decisive event.*^ The gallant Granville was there killed, and Hopton, by the blowing-up of some powder, was dangerously hurt. The royalists next attempted to march eastwards and to join their forces to the king's at Oxford, but Waller hung on their rear, and in- fested their march till they, reached the Devizes. Rein- forced by additional troops, which flocked to him from all quarters, he so much surpassed the royalists in number that they durst no longer continue their march, or expose them- selves to the hazard of an action. It was resolved that Hertford and Prince Maurice should proceed with the cavalry, and having procured a reinforcement from the king, should hasten back to the relief of their friends. Waller was so confident of taking this body of infantry, now aban- doned by the horse, that he wrote to the Parliament that their work was done, and that by the next post he would in- form them of the number and quality of their prisoners. But the king, even before Hertford's arrival, hearing of the great difficulties to which his western army was reduced, had prepared a considerable body of cavalry, which he im- mediately despatched to their succor under the command of Lord Wilmot. Waller drew uji on Roundway Down, about *" Rushworth, vol. vi. pp, 207, 27.3. Clarendon, vol. iii. pp. 269, 279. ^1 Rusliwortb, vol. vi. p. 284. Clarendon, vol. iii. p. 2b2. HISTOEY OF ENGLAND. 359 two miles from the Devizes, and, advancing witli liis cavalry to fight Wilmot and prevent his conjunction with the Corn- ish infantry, was received with equal valor by the royalists. After a sharp action, he was totally routed, and, flying witli a few horse, escaped to Bristol. Wilmot, seizing the enemy's - cannon, and having joined his friends whom he came to re- lieve, attacked Waller's infantry with redoubled courage, drove them off the field, and routed and disisersed the whole army.^^ This important victory, following so quick after many other successes, struck great dismay into the Parliament, and gave an alarm to their principal army, commanded by Essex. Waller exclaimed loudly against tliat general for allowing Wilmot to pass him, and proceed without any in- terrviption to the succor of the distressed infantry at the Devizes. But Essex, finding that his army fell continually to decay after the siege of Reading, was resolved to remain upon the defensive, and the weakness of the king and his want of all military stores had also restrained the activity of the royal army. No action had happened in that part of England except one skirmish, which of itself was of no great consequence, and was rendered memorable by the death alone of the famous Hambden. Colonel Urrey, a Scotsman, who served in the parlia- mentary army, having received some disgust, came to Ox- ford and offered his services to the king. In order to prove the sincerity of his conversion, he informed Prince Rupert of the loose disposition of the enemy's quarters, and ex- horted him to form some attempt upon them. The jjrince, who was entirely fitted for that kind of service, falling sud- denly upon the dispersed bodies of Essex's army, routed two i-egiments of cavalry and one of infantry, and carried his ravages within two miles of the general's quarters. The alarm being given, every one mounted on horseback in order to j)ursue the prince, to recover the prisoners, and to repair the disgrace which the army had sustained. Among the rest, Hambden, who had a regiment of infantry that lay at a distance, joined the hoi'se as a volunteer, and, overtak- ing the royalists on Chalgrave field, entered into the thick- est of the battle. By the bravery and activity of Rupert, the king's troops were brought off, and a great booty, to- gether with two hundred prisoners, was conveyed to Ox- ford, But what most pleased the royalists was the cxpec- « Kusliwortli, vol. vi. p. 285. Clarendon, vol. iii. p. 291. I 360 HISTORY OF BXGLAND; tation that some disaster had happened to Hambden, their capital and much-dreaded enemy. One of the prisoners taken in the action said that he was confident Mr. Hamb- den was hurt, for he saw him, contrary to his usual custom, ride off the field before the action was finished, his head hanging down, and his hands leaning upon his horse's neck. Next day the news arrived that he was shot in the shoulder with a brace of bullets, and the bone broken. Some days after, he died, in exquisite pain, of his wound ; nor could his whole party, had their army met with a total overthrow, have been thrown into greater consternation. The king himself so highly valued him that, either from generosity or policy, he intended to have sent him his own surgeon to as- sist at his cure.^' Many were the virtues and talents of this eminent per- sonage ; and his valor during the war had shone out with a lustre equal to that of the other accomplishments by which he had ever been distinguished. Affability in conversa^ tion ; temper, art, and eloquence in debate ; penetration and discernment in counsel ; industry, vigilance, and enterprise in action — all these praises are unanimously ascribed to him by historians of the most opposite parties. His virtues, too, and integrity, in all the duties of private life, are allowed to have been beyond exception : we must only be cautious, notwithstanding his generous zeal for liberty, not hastily to ascribe to him the praises of a good citizen. Through all the horrors of civil war, he sought the abolition of monarchy and subversion of the constitution — an end which, had it been attainable by peaceful measures, ought carefully to have been avoided by every lover of his country. But whether, in the pursuit of this violent enterprise, he was ac- tuated by private ambition, or by honest prejudices derived from the former exorbitant powers of royalty, it belongs not to an historian of this age, scarcely even to an intimate friend, positively to determine.^* Essex, discouraged by this event, dismayed by the total rout of Waller, was further informed that" the queen, who landed in Burlington Bay, had arrived at Oxford, and had brought from the north a reinforcement of three thousand foot and fifteen hundred horse. Dislodging from Thame and Aylesbury, where he had hitherto lain, he thouj^lit proper to retreat nearer to London ; and he showed toliis « Warwick's Memoirs, p. 241. Clarendon, vol. i. p. 264. ** See note [Z] at the end of the volume. HISTOEY or ENGLAND. 361 V friends his broken and disheartened forces, which a few months before he had led into the field in so flourishing a condition. The king, freed from this enemy, sent his army westward under Prince Rupert, and, by their conjunction with the Cornish troops, a formidable force, for numbers as well as reputation and valor, was composed. That an en- terprise correspondent to men's expectations might be un- dertaken, the prince resolved to lay siege to Bristol, the second town for riches and greatness in the kingdom. Na- thaniel Fiennes, son of Lord Say, he himself, as well as his father, a great parliamentary leader, was governor, and commanded a garrison of two thousand five hundred foot, and two regiments — one of horse, another of dragoons. The fortifications not being complete or regular, it was re- solved by Prince Rupert to storm the city ; and next morn- ing, with little other provisions suitable to such a work be- sides the courage of the troops, the assault began. The Cornish, in three divisions, attacked the west side, with a resolution which nothing could control ; but though the mid- dle division had already mounted the wall, so great was the disadvantage of the ground, and so brave the defence of the garrison, that in the end the assailants were repulsed with a considerable loss both of officers and soldiers. On the prince's side the assault was conducted with equal courage, and almost with equal loss, but with better success. One party, led by Lord Grandison, was indeed beaten off, and the commander himself mortally wounded. Another, con- ducted by Colonel Bellasis, met with a like fate ; but Wash- ington, with a less party, finding a place in the curtain weaker than the rest broke in, and quickly made room for the horse to follow. By this irruption, however, nothing but the suburbs was yet gained. The entrance into the town was still more difficult ; and by the loss already sus- tained, as well as by the prospect of further danger, every one was extremely discouraged ; when, to the great joy of the army, the city beat a pariey. The garrison was allowed to march out with their arms and baggage, leaving their can- non, ammunition, and colors. Forthis instance of coward- ice, Fiennes was afterwards tried by a court-martial and condemned to lose his head ; but the sentence was remit- ted by the general.^* Great complaints were made of violences exercised on the garrison contrary to the capitulation. An ajjology was *6 Kiisliworth, vol. Ti. p. 284. Clarendon, vol. iii. pp. 293, 294, etc. 362 HISTORY OF ENGLAND. made by the royalists, as if these were a retaliation for some violence committed on their friends at the surrender of Reading. And under pretence of like retaliations, but really from the extreme animosity of the parties, were such irregularities continued during the whole course of the war.""^ The loss sustained by the royalists in the assault of Bristol was considerable. Five hundred excellent soldiers perished. Among those of condition were Grandison, Slan- ning, Trevannion, and Moyle ; Bellasis, Ashley, and Sir John Owen were wounded. Yet was the success, upon the whole, so considerable as mightily raised the courage of the one party and depressed that of the other. The Icing, to show that he was not intoxicated with good fortune, nor aspired to a total victory over the Parliament, published a mani- festo, in which he renewed the protestation formerly taken, with great solemnity, at the head of his army, and expressed his firm intention of making peace upon the re-establish- ment of the constitution. Having joined the camp at Bris- tol and sent Prince Maurice with a detachment into Dev- onshire, he deliberated how to employ the remaining forces in an enterprise of moment. Some proposed, and seem- ingly with reason, to march directly to London, where everything was in confusion, where the army of the Par- liament was baffled, weakened, and dismayed, and where, it was hoped, either by an insurrection of the citizens, by vic- tory, or by treaty, a speedy end might be put to the civil disorders. But this undertaking, by reason of the great number and force of the London militia, was thought by many to be attended with considei'able difficulties. Grlou- cester, lying within twenty miles, presented an easier yet a very important conquest. It was the only remaining gar- rison possessed by the Pai-lianient in those parts. Could that city be reduced, the king held the whole course of the Severn under his command ; the rich and malcontent coun- ties of the west, having lost all protection from their friends, might be forced to pay high contributions as an atonement for their disaffection ; an open communication could be preserved between Wales and these new con- quests ; and half of the kingdom, being entirely freed from the enemy, and thus united into one firm body, might be employed in re-establishing the king's authority throuo-hout the remainder. Those were the reasons for embracing '5 Clarendon, nbi supra, p. 297. HISTORY OF ENGLAND. 363 that resolution, fatal as it was ever esteemed to the royal party.*' The Governor of Gloucester was one Massey, a soldier of fortune, who, before he engaged with the Parliament, had offered his service to the king ; and as he was free from the fumes of enthusiasm by which most of the officers on that side were intoxicated, he would lend an ear, it was presumed, to proposals for accommodation ; but Massey was resolute to preserve an entire fidelity to his masters, and, though no enthusiast himself, he well know how to em- ploy to advantage that enthusiastic spirit so prevalent in his city and garrison. The summons to surrender allowed two hours for an answer ; but before that time expired there appeared before the king two citizens with lean, pale, sharp, and dismal visages : faces so strange and uncouth, according to Lord Clarendon ; figures so habited and accoutred, as at once moved the most severe countenance to mirth and the most cheerful heart to sadness. It seemed impossible that such messengers could bring less than a defiance. The men, without any circumstance of duty or good manners, in a pert, shrill, undismayed accent, said that they brought an answer from the godly city of Gloucester ; and extremely ready were they, according to the historian, to give insolent and seditious replies to any question, as if their business were chiefly, by provoking the king, to make him violate his own safe-conduct. The answer from the city was in these words : " We, the inhabitants, magistrates, officers, and soldiers within the garrison of Gloucester, unto his maj- esty's gracious message return this humble answer : That we do keep this city, according to our oaths and allegiance, .to and for the use of his majesty and his royal posterity; and do accordingly conceive ourselves wholly bound to obey the commands of his majesty, signified by both Houses of Parliament ; and are resolved, by God's help, to keep this city accordingly." *^ After • these preliminaries the siege was resolutely undertaken by the army, and as resolutely sustained by the citizens and garrison. When intelligence of the siege of Gloucester arrived in ^ London, the consternation among the inhabitants was as ', great as if the enemy were already at their gates. The -^ rapid progress of the royalists threatened the Parliament with immediate subjection; the factions and discontents *' Wliitlooke, p. 69. May, bk. iii. p. 91. « Eusliwoith, vol. vi. p. 287. Clarendon, vol. iii. p. 315. May, bk. iii. p.. 9F. 364 HISTORY OF ENGLAND. among themselves ia the city, and throughout the neighbor- ing counties, prognosticated some dangerous division or in- surrection. Those parliamentary leaders, it must be owned, who had introduced such mighty innovations into the Eng- lish constitution, and who had projected so much greater, had not engaged in an enterprise which exceeded their courage or capacity. Great vigor from the beginning, as well as wisdom, they had displayed in all their counsels; and a furious, lieadstrong body, broken loose from the re- straint of law, had hitherto been retained in subjection vmder their authority, and firmly united by zeal and passion as by the most legal and established government. A small committee on whom the two Houses devolved their power had directed all their military operations, and had preserved a secrecy in deliberation and a promptitude in execution beyond what the king, notwithstanding the advantages jjos- sessed by a single leader, had ever been able to attain. Sensible that no jealousy was by their partisans entertained against them, they had on all occasions exerted an au- thority much more despotic than the royalists, even during the pressing exigencies of war, could with patience enduie ^ in their sovereign. Whoever incurred their displeasure or was exposed to their suspicions was committed to prison and prosecuted under the notion of delinquency. After all [the old jails were full, many new ones were erected; and j even the ships were crowded with the royalists, both gentry I and clergy, who languished below decks, and perished in "those unhealthy confinements. They imposed taxes, the heaviest and of the most unusual nature, by an ordinance of the two Houses ; they voted a commission for sequestra- tions ; and they seized, wherever they had power, the rev- enues of all the king's party ; ^^ and, knowing that them- selves and all their adherents were, by resisting the prince, exposed to the penalties of law, they resolved, by a severe administration, to overcome these terrors, and to retain the people in obedience by penalties of a more immediate exe- cution. In the beginning of this summer, a combination formed against them in London had obliged them to exert the plenitude of their authority. Edmund "Waller, the first refiner of English versifica- tion, was a member of the lower House, a man of consider- " The Miig afterwards copied from this example ; but as the far greater part ot the nobility and landed gentry were his friends, he reaped much less prolit from his measure. HISTOEY OP ENGLAND. 365 able fortune, and not more distinguished by his poetical genius than by his parliamentary talents, and by the polite- ness and elegance of his manners. As full of keen satire and invective in his eloquence as of tenderness and pane- gyric in his poetry, he caught the attention of his hearers, and exerted the utmost boldness in blaming those violent counsels by which the Commons were governed. Finding all opposition within doors to be fruitless, he endeavored to ) form a party without which might oblige the Parliament to accept of reasonable conditions and restore peace to the — nation. The charms of his conversation, joined to his char- acter of courage and integrity, had procured him the entire confidence of Northumberland, Conway, and every eminent person of either sex who resided in London. They opened their breasts to him without reserve, and expressed their disapprobation of the furious measures pursued by the Com- mons, and their wishes that some expedient could be found for stopping so impetuous a career. Tomkins, Waller's brother-in-law, and Chaloner, the intimate friend of Tom- kins, had entertained like sentiments ; and as the conneC' tions of these two gentlemen lay chiefly in the city, they informed Waller that the same abhorrence of war prevailed there among all men of reason and moderation. Upon re- flection, it seemed not impracticable that a combination might be formed between the lords and citizens, and by mutual concert the illegal taxes be refused, which the Par- liament, without the royal assent, imposed on the people. While this affair was in agitation, and lists were making of such as they conceived to be well affected to their design, a servant of Tomkins, who had overheard their discourse, im- mediately carried intelligence to Pym; Waller, Tomkins, and Chaloner were seized and tried by a court-martial.^" They were all three condemned, and the two latter executed on gibbets erected before their own doors. A covenant, as a test, was taken ^^ by the Lords and Commons and im- posed on their army, and on all who lived within their quarters. Besides resolving to amend and reform their lives, the covenanters there vow that they will never lay down their arms so long as the Papists, now in open war against the Parliament, shall, by force of arms, be protected from justice ; they express their abhorrence of the late con- spiracy ; and they promise to assist to the utmost the forces raised by both Houses against the forces levied by the king.^'' » Eushworth, vol. vi. p. 32R. Clarendon, vol. iii. pp. 249, 250, etc. '- Jaue 6. ''' Eushworth, vol. vi. p, 325. Clarendon, vol. ii. p. 255. 366 HISTOEY OF ENGLAND. Waller, as soon as imprisoned, s ensible of the great dan- ger into -which he had fallen, -was so seized with the dread of death that all his former spirit deserted him, and he con- fessed whatever he knew, without sparing his most intimate friends, without regard to the confidence reposed in him, without distinguishing between the negligence of familiar conversation and the schemes of a regular conspiracy. With the most profound dissimulation, he counterfeited such remorse of conscience that his execution was put off, out of mere Christian compassion, till ho might recover the use of his understanding. He invited visits from the ruling clergy of all sects ; and while he expressed his own peni- tence, he received their devout exhortations with humility and reverence, as conveying clearer conviction and infor- mation than in his life he had ever before attained. Pres- ents too, of which, as well as of ilattery, these holy men were not insensible, were distributed among them as a small retribution for their prayers and ghostly counsel. And by all these artifices, more than from any regard to the beauty of liis genius — of which, during that time of furious cant and faction, small account would be made — he pre- vailed so far as to have his life spared, and a fine of ten thousand pounds accepted m lieu of it.°^ The severity exercised against the conspiracy, or rather project, of Waller increased the authority of Parliament, and seemed to insure them against like attempts for the future. But by the progress of the king's arras, the defeat of Sir William Waller, the taking of Bristol, the siege of Gloucester, a cry for peace was lenewed, and with more violence than ever. Crowds of women, with a petition for that purpose, Hocked about the House, and were so clam- orous and importunate that orders were given for dispersing them ; and some of the females were killed in the fray." Bedford, Holland, and Conway had deserted the Parliament and had gone to Oxford ; Clare and Lovelace had followed them." Northumberland had retired to his country-seat ; Essex himself showed extreme dissatisfaction, and exhorted the Parliament to make peace.'''^ The upper House sent down terms of accommodation more moderate than had hitherto been insisted on. It even passed, by a majority among the Commons, that these proposals should be trans- "3 WhiUocke, p. 66. Kushwortb, vol vi. p. 330. Clareudon, vol iii dd 253 264, etc. ' ' M Kusliwortli, vol vi. p. 357. »i> WhitlocUe, p,67. ™ Kushwortb, vol vi p 290 HISTOET OF ENGLAND. 367 mitted to the king. The zealots took the alarm. A petition against peace was framed in the city, and presented by Pennington, the factious mayor. Multitudes attended him, and renewed all the former menaces against the moderate party " The puljjits thundered, and rumors were spread of twenty thousand Irish who had landed, and were to cut the throat of every Protestant.'^ The majority was again turned to the other side ; and, all thoughts of pacification being dropped, every preparation was made for resistance, and for the immediate relief of Gloucester, on which the Parliament was sensible all their hopes of success in the war did so much depend. Massey, resolute to make a vigorous defence, and having under his command a city and garrison ambitious of the crown of martyrdom, had hitherto maintained the siege ■with courage and abilities, and had much retarded the ad- vances of the king's army. By continual sallies he infested them in their trenches, and gained sudden advantages over them ; by disputing, every inch of ground, he repressed the vigor and alacrity of their courage, elated by former suc- cesses. His garrison, however, was reduced to the last ex- tremity, and he failed not, from time to time, to inform the Parliament that, unless speedily relieved, he should be ne- cessitated, from the extreme want of provisions and ammu- nition, to open his gates to the enemy. ■ The Parliament, in order to repair their broken con- ,,jdition and put themselves in "a posture of "defeilce, now exerted to the utmost their power and authority. They voted that an army should be levied under Sir William Waller, whom, notwithstanding his misfortunes, they loaded with extraordinary caresses. Having associated in their cause the counties of Hertford, Essex, Cambridge, Norfolk, Suffolk, Lincoln, and Huntingdon, they gave the Earl of Manchester a commission to be general of the association, and appointed an army to be levied under his command. But, above all, they were intent that Essex's army, on which their whole fortune depended, should be put in a condition of marching against the king. They excited afresh their preachers to furious declamations against the royal cause. They even employed the exjsedient of pressing, though abolished by a late law, for which they had strenuously contended;^" and they engaged the city to send four regi- «' Eushworai, vol. vi. p. 356. M Clarendon, vol. iii. p. .320. Rushwortli, vol. vi. p. 588. 5» Kusliwortb, vol. vi. p. 292. 368 HISTORY OB' ENGLAND. ments of its militia to the relief of Gloucester. All shops, meanwhile, were ordered to be shut; and every man ex- pected, with the utmost anxiety, the event of that important enterprise.'^" Essex, carrying with him a well-appointed array of fourteen thousand men, took the road of Bedford nnd Lei- ■ cester ; and though inferior in cavalry, yet by the mere force of conduct and discipline he jjassed over those ojjen champaign countries, and defended himself from the ene- my's horsC; who had advanced to meet him, and who in- fested him during his whole march. As he approached to Gloucester, the king was obliged to raise the siege, and open the way for Essex to enter that city. The necessities of the garrison were extreme. One barrel of powder was their whole stock of ammunition remaining, and their other pjo- visions were in the same proportion. Essex had brought with him military stores, and the neighboring country abundantly supplied him with victuals of every kind. The inhabitants had carefully concealed all provisions from the king's army, and, pretending to be quite exhausted, had reserved their stores for that cause which they so much fav- ored.''^ The chief diificulty still remained. Essex dreaded a battle with the king's army, on account of its great supe- riority in cavalry ; and he resolved to return, if possible, without running that hazard. He lay five days at Tewkes- bury, which was his first stage after leaving Gloucester, and he feigned, by some preparations, to point towards Wor- cester. By a forced march during the night, he reached Cirencester, and obtained the double advantage of passing unmolested an open country and of surprising a convoy of provisions which lay in that town.''" Without delay he pro- ceeded towards London ; but when he reached Newbury, he was surprised to find that the king, by hasty marches, had arrived before him and was already possessed of the place. An action was now unavoidable; and Essex prepared for it with presence of mind, and not without militarv eon- duct. On both sides the battle wa,s fought with desperate valor and a steady bravery. Essex's horse were several times broken by the king's, but his infantry maintained themselves in firm array, and, besides giving a continued fire, they presented an invincible rampart of pikes acrainst o" Rushworth, vol. vi. p. 292. m Clarendon, vol. iii. p 344 «2 Busliwortli, vol. vi. p. 291i. HISTORY OF ENGLAND. 369 the furious shock of Prince Rupert and those gallant troops of gentry of which the royal cavalry was chiefly composed. The militia of London especially, though utterly unac- quainted with action, though drawn but a few days before from their ordinary occupations, yet, having learned all military exercises, and being animated with unconquerable zeal for the cause in which they were engaged, equalled, on this occasion, what could be exjjected from the most veteran forces. While the armies were engaged with the utmost ■ ardor, night put an end to the action, and left the victory undecided. Next morning Essex proceeded on his march, and, though his rear was once put in some disorder by an incursion of the king's horse, he reached London in safety, and received applause for his conduct and success in the whole enterprise. The king followed him on his march, and, having taken possession of Reading after the earl left it, he there established a garrison, and straitened by that means London and the quarters of the enemy .''^ In the battle of Newbury, on the j^art of the king, besides the Earls of Sunderland and Carnarvon, two noblemen of promising hopes, was unfortunately slain, to the regret of every lover of ingenuity and virtue throughout the kingdom, Lucius Gary, Viscount Falkland, secretary of state. Before assembling the present Parliament, this man, devoted to the pursuits of learning and to the society of all the polite and elegant, had enjoyed himself in every pleasure which a fine genius, a generous disposition, and an opulent fortune could afford. Called into public life, he stood foremost in all at- tacks on the high prerogatives of the crown, and displayed that masculine eloquence and undaunted love of liberty which, from his intimate acquaintance with the sublime spirits of antiquity, he had greedily imbibed. When civil convulsions proceeded to extremities, and it became requi- site for him to choose his side, he tempered the ardor of his zeal, and embraced the defence of those limited powers which remained to monarchy, and which he deemed neces- sary for the support of the English constitution. Still anxious, however, for his country, he seems to have dreaded the too prosperous success of his own party as much as of the enemy; and among his intimate f.'iends, often, after a deep silence and frequent sighs, he would, with a sad accent, reiterate the word " Peace." In excuse for the too free ex- posing of his person, which seemed unsuitable in a secretary "' Kushworth, TOl. vi. p. 293. Clarendon, vol. iii p. 347. Vol. IV.— 24 370 HISTORY or ENGLAND. of state, he alleged that it became hira to be more active than other men in all hazardous enterprises, lest his impa- tience for peace might bear the imputation of cowardice or pusillanimity. From the commencement of the war, his natural cheerfulness and vivacity became clouded, and even his usual attention to dress, required by his birth and station, gave way to a negligence which was easily observ- able. On the morning of the battle in which he fell, he had shown some care of adorning his person, and gave for a reason that the enemy should not find his body in any slovenly, indecent situation. " I am weary," subjoined he, " of the times, and foresee much misery to my country ; but believp that I shall be out of it ere night " ''■' This excellent person was but thirty-four years of age when a period was thus put to his life. The loss sustained on both sides in the battle of New- bury, and the advanced season, obliged the armies to retire into winter-qu.arters. In the north, during the summer, the great interest and popularity of the Earl, now created Marquis, of Newcastle, had raised a considerable force for the king, and great hopes of success were entertained from that quarter. There appeared, however, in opposition to him two men, on whom the event of the war finally depended, and who began about this time to be remarked for their valor and military conduct. These were Sir Thomas Fairfax, son of the lord of that name, and Oliver Cromwell. The former gained a considerable advantage at Wakefield "^ over a detachment of royalists, and took General Goring prisoner; the latter obtained a victory at Gainsborough™ over a party com- manded by the gallant Cavendish, who perished in the action. But both these defeats of the royalists were more than sufliciently compensated by the total rout of Lord Fair- fax at Atherton Moor," and the dispersion of his army. After this victory, Newcastle, with an army of fifteen thousand men, sat down before Hull. Ilotham was no longer governor of this place. That gentleman and his son, partly from a jealousy entertained of Lord Fairfax, partly repenting of their engagements against the king, had entered into a correspondence with Newcastle, and had expressed an intention of delivering Hull into his hands. But their conspiracy being detected, they were arrested and sent k o» Whitlooke, p. 70. Clarendon, vol. iii. pp. 350, 351, etc. » May 21. <^ July 31. 67 juae 30. HISTORY OF ENGLAND. 371 prisoners to London, where, without any regard to their former services, they fell, both of them, victims to the severity of the Parliament."^ Newcastle, having carried on the attack of Hull for some time, was beaten off by a sally of the garrison,^' and suffered so much that he thought proper to raise the siege. About the same time, Manchester, who advanced from the eastern associated counties, having joined Cromwell and young Fairfax, obtained a considerable victory over the royalists at Horncastle, where the two oiBcers last mentioned gained renown by their conduct and gallantry. And though for- tune had thus balanced her favors, the king's party still re- mained much superior in those parts of England ; and had it not been for the garrison at Hull, which kept Yorkshire in awe, a conjunction of the northern forces with the army in the south might have been made, and had probably en- abled the king, instead of entering on the unfortunate, per- haps imprudent, enterprise of Gloucester, to march directly to London and put an end to the war.'" While the military enterprises were carried on with vigor in England, and the event became every day more doubtful, both parties cast their eye towards the neighbor- ing kingdoms, and sought assistance for the finishing of that enterprise in which their own forces experienced such furious opposition. The Parliament had recourse to Scot- land ; the king, to Ireland. When the Scottish Covenanters obtained that end for which they so earnestly contended — the establishment of Presbyterian discipline in their own country — they were not satisfied, but indulged still an ardent passion for propa- gating by all methods that mode of religion in the neighbor- ing kingdoms. Having flattered themselves, in the fervor of their zeal, that, by supernatural assistances, they should be enabled to carry their triumphant covenant to the gates of Rome itself, it behooved them first to render it prevalent in England, which already showed so great a disposition to receive it. Even in the articles of pacification, they ex- pressed a desire of uniformity in worshii^ with England ; and the king, employing general expressions, had approved of' this inclination as pious and laudable. No sooner was there an appearance of a rupture than the English Parlia- ment, in order to allure that nation into a cJose confederacy, 08 Eushworth, vol. vi. p. 275. «» October 12. '» Warwick, p. 261. Walker, p. 278. 372 HISTOEY OF ENGLAND. openly declared their wishes of ecclesiastical reformation, and of imitating the example of their northern brethren." When war was actually commenced, the same artifices were used ; and the Soots beheld, with the utmost impatience, a scene of action of which they could not deem themselves in- different spectators. Should the king, they said, be able by force of arms to prevail over the Parliament of England, and re-establish his authority in that powerful kingdom, he will undoubtedly retract all those concessions which, with so many circumstances of violence and indignity, the Scots have extorted from him. Besides a sense of his own interest, and a regard to royal power, which has been entirely annihilated in this country, his very passion for prel- acy and for religious ceremonies must lead him to invade a Church which he has ever been taught to regard as anti- christian and unlawful. Let us but consider who the per- sons are that compose the factions now so furiously engaged in arms. Does not the Parliament consist of those very men who have ever opposed all war with Scotland, who have punished the authors of our oppressions, who have obtained us the redress of every grievance, and who, with many honorable expressions, have conferred on us an ample reward for our brotherly assistance? And is not the court full of Papists, prelates, malignants — all of them zealous enemies to our religious model, and resolute to sacrifice their lives for their idolatrous establishments? Not to mention our own necessary security, can we better express our gratitude to Heaven for that piire light with which we are, above all nations, so eminently distinguished than by conveying the same divine knowledge to our un- happy neighbors, who are wading through a sea of blood in order to attain it ? These were, in Scotland, the topics of every conversation. With these doctrines the pulpits echoed; and the famous curse of Meroz, that curse so solemnly denounced and reiterated against neutrality and moderation, resounded from all quarters.'^ The Parliament of England had ever invited the Scots, froin the commencement of the civil dissensions, to inter- pose their mediation, which, they knew, would be so little favorable to the king ; and the king, for that very reason, had ever endeavored, with the least offensive expressions, to " Eushworth, vol. vi. p. 390. <;iarendon, vol. iii. p. 68. « "Curse ye Mei-oz, said the angel of the hord, curse ye bitterly the inhab- itants thereof; because they came not to the help of the Lord, to the heln of the Lord against the mighty."— Judges V. 23, HISTOEY OF ENGLAND. 373 decline it.'^ Early this spring, the Earl of Loudon, the chancellor, with other commissioners, and attended by- Henderson, a popular and intriguing preacher, was sent to the king at Oxford, and renewed the offer of mediation ; but with the same success as before. The commissioners were also empowered to press the king on the article of religion, and to recommend to him the Scottish model of ecclesiastical worship and discipline. This was touching Charles in a very tender point ; his honor, his conscience, as well as his interest, he believed to be intimately concerned in supporting prelacy and the liturgy.'* He begged the commissioners, therefore, to remain satisfied with the con- cessions which he had made to Scotland ; and having modelled their own Church according to their own prin- ciples, to leave their neighbors in the like liberty, and not to intermeddle with affairs of which they could not be sup- posed competent judges.'^ The divines of Oxford, secure, as they imagined, of a victory, by means of their authorities from Church history, their quotations from the fathers, and their spiritual argu- ments, desired a conference with Henderson, and undertook, by dint of reasoning, to convert that great apostle of the " north ; but Henderson, who had ever regarded as impious the least doubt with regard to his own principles, and who knew of a much better way to reduce opponents than by employing any theological topics, absolutely refused all disputation or controversy. The English divines went away full of admiration at the blind assurance and bigoted preju- dices of the man ; he, on his part, was moved with equal wonder at their obstinate attachment to such palpable errors and delusions. By the concessions which the king had granted to Scot? land, it became necessary for him to summon a Parliament once in three years ; and in June of the subsequent year was fixed the period for the meeting of that assembly, Be, fore that time elapsed, Charles flattered himself that ho7 should be able, by some decisive advantage, to reduce the [ English Parliament to a reasonable submission, and might i then expect, with security, the meeting of a Scottish Parlia- ) ment. Though earnestly solicited by Loudon to summon presently that great council of the nation, he absolutely re- fused to give authority to men who had already excited such 'S Eushworth, vol. vi. p. 398. » See note [AA] at tlie end of tjie volume. '^ Eushworth, vol. vi. p. 462. 374 HISTOET OF ENGLAND. dangerous commotions, and who showed still the same dis- position to resist and invade his authority. The commis- sioners, therefore, not being able to prevail in any of their demands, desired the king's passport for London, where they purposed to confer with the English Parliament ; " and being likewise denied this request, they returned with ex- treme dissatisfaction to Edinburgh. The office of conservators of the peace was newly erected in Scotland, in order to maintain the confederacy between the two kingdoms; and these, instigated by the clergy, were resolved, since they could not obtain the king's consent, to summon, in his name, but by their own authority, a conven- tion of states, and to bereave their sovereign of this article, the only one which remained of his prerogative. Under color of providing for national peace, endangered by the neighborhood of English armies, was a contention called" — an assembly which, though it meets with less solemnity, has the same authority as a parliament in raising money and levying forces. Hamilton, and his brother the Earl of Lan- eric, who had been sent into Scotland in order to oppose these measures, wanted either authority or sincerity, and passively yielded to the torrent. The general assembly of the Church met at the same time with the convention, and, exercising an authority almost absolute over the whole civil power, made every political consideration yield to their theological zeal and prejudices. The English Parliament was at that time fallen into great distress by the progress of the royal arms ; and they gladly sent to Edinburgh commissioners, with ample powers, to treat of a nearer union and confederacy with the Scottish nation. The persons employed were the Earl of Rutland, Sir William Armyne, Sir Henry Vane the younger, Thomas Hatcher, and Henry Darley, attended by Marshal and Nye, two clergymen of signal authority.'* In this negotiation the man chiefly trusted was Vane, who, in eloquence, address, ca- pacity, as well as in art and dissimulation, was not surpassed by any one, even during that age so famous for active talent. By his persuasion was framed at Edinburgh that solbmk LEAGUE AND COVENANT which effaced all former protesta- tions and vows taken in both kingdoms, and long maintained its credit and authority. In this covenant the subscribers, besides engaging mutually to defend each other against all '« Eushwortli, vol. vi . p. 40(1. 77 22d of June " WUtlocke, p. 73. Eualiworth, vol. vi. p. 466. Clarendon, vol. iii. p. 300! HISTORY 01" ENGLAND. 375 opponents, bound themselves to endeavor, without respect of persons, the extirpation of popery and prelacy, supersti- tion, heresy, schism, and profaneness; to maintain the rights and privileges of parliaments, together with the liing's au- thority ; and to discover and bring to justice all incendiaries and malignants.'^ The subscribers of the covenant vowed also to preserve tlie reformed religion established in the Church of Scotland ; but, by the artifice of Vane, no declaration more explicit was made with regard to England and Ireland than that these kingdoms should be reformed, according to the Word of God and the example of the purest churches. The Scot- tish zealots, when prelacy was abjured, deemed this expres- sion quite free from ambiguity, and regarded their own model as the only one which corresponded, in any degree, to such a description ; but that able politician had other views, and while he employed liis great talents in over- reaching the Presbyterians and secretly laughed at their smiplicity, he had blindly devoted himself to the mainten- ance of systems still more absurd and more dangerous. In the English Parliament there remained some members, who, though they had been induced, either by private am- bition or by zeal for civil liberty, to concur with the major- ity, still retained an attachment to the hierarchy and to the ancient modes of worship. But, in the present danger which threatened their cause, all scruples were laid aside ; and the covenant, by whose means alone they could expect to obtain so considerable a reinforcement as the accession of the Scot- tish nation, was received without opposition. The Parlia- ment, therefore, having first subscribed it themselves, or- dered it to be received by all who lived under their au- thority. Great were the rejoicings among the Scots that they: , should be the happy instruments of extending their mode of religion and_dj£sipating_that jjrofounddarkness in_which thelj neighboring nations were involv'ed. TEe'general assembly • appIaiidedTffis glorious imitation of the piety displayed by their ancestors, who, they said, in three different applica- tions during the reign of Elizabeth, had endeavored to en^ gage the English by persuasion to'lay aside the use of the surplice, tippet, and corner-cap."" The convention, too, in the height of their zeal, ordered every one to swear to thi^ " Euehworth, vol. vi. p. 478. Clarendon, vol. iii. p. 373, e« Busliwortli, vol. vi. p. 388. . • > 376 HISTORY OF ENGLAND. covenant under the penalty of confiscation, besides what further punishment it should please the ensuing Parliament to inilict on the refusers as enemies to God, to the king, and to the kingdom. And being determined that the sword should carry conviction to all refractory minds, they pre- pared themselves with great vigilance and activity for their military enterprises. By means of a hundred thousand pounds which they received from England ; by the hopes of good pay and warm quarters, not to mention men's favorable disposition towards the cause, they soon completed their levies. And, having added to their other forces the troops which they had recalled from Ireland, they were ready about the end of the year to enter England under the command of their old general, the Earl of Leven, with an army of above twenty thousand men.*^ The king, foreseeing this tempest which was gathering upon him, endeavored to secui-e himself by every expedient; and he cast his eye towards Ireland in hopes that this king- dom, from which his cause had already received so much prejudice, might at length contribute somewhat towards his protection and security. After the commencement of the Irish insuirection, the English Parliament, though they undertook the suppression of it, had ever been too much engaged, either in military projects or expeditions at home, to take any effectual step towards finishing that enterprise. They had entered, indeed, into a contract with the Scots for sending over an army of ten thousand men into Ireland; and, in order to engage that nation in this undertaking, besides giving a promise of pay, they agreed to put Carrickfergus into their hands and to invest their general with an authority quite independent of the English government. These troojjs, so long as they were allowed to remain, were useful by diverting the force of the Irish j-ebels and protecting in the north the small remnants of the British planters. But, except this contract with the Scottish nation, all the other measures of the Parliament either were hitherto absolutely insignificant, or tended rather to the prejudice of the Protestant cause in Ireland. By continuing their violent persecution, and still more violent menaces, against priests and Papists, they confirmed the Irish Catholics in their rebellion, and cut off all hope of in- dulgence and toleration. By disposing beforehand of all the Irish forfeitures to subscribers or adventurers, they rendered " Clarendon, vol. iii, p. 383. HISTORY OP ENGLAND. 377 allm€n of property despei-ate, and seemed to threaten a total extirpation of the natives.*^ And while they thus infused zeal and animosity into the enemy, no measure was pursued which could tend to support and encourage the Protestants, now reduced to the last extremities. So great is the ascendant which, from a long course of successes, the English has acquired over the Irish nation, that, though the latter, when they receive military disci- pline among foreigners, are not surpassed by any troops, they had never in their own country been able to make any vigorous effort for the defence or recovery of their liberties. In many rencounters, the English under Lord More, Sir William St. Leger, Sir Frederick Hamilton, and others, had, though under great disadvantages of situation and numbers, put the Irish to rout, and returned in triumph to Dublin. The rebels raised the siege of Tredah, after an obstinate defence made by the garrison.'^ Ormond had ob- tained two complete victories at Kilrush and Boss, and had brought relief to all the forts which were besieged or block- aded in different parts of the kingdom.** But notwithstand- ing these successes, even the most common necessaries of life were wanting to the victorious armies. The Irish, in their wild rage against the British planters, had laid waste the whole kingdom, and were themselves totally unfit, from their habitual sloth and ignorance, to raise any convenience of human life. During the course of six months no sup- plies had come from England, except the fourth part of one small vessel's lading. Dublin, to save itself from starving, had been obliged to send the greater part of "its inhabitants to England. The army had little ammunition, scarcely ex- ceeding forty barrels of gunpowder — not even shoes or clothes — and for want of food the soldiers had been obliged to eat their own horses. And, though the distress of the Irish was not much inferior,'^ besides that they were -more hardened against such extremities, it was but a melancholy reflection that the two nations, while they continued their furious animosities, should make desolate that fertile island which might serve to the subsistence and happiness of both. , The justices and council of Ireland had been engaged 82 A thousancl acres in Ulster were given to every one that subscribed^ two hundred pounds ; in Coniiaught, to tbe subscribers of three hundred and lifty; in Munster, for four hundred and fifty ; in Leinster, for six hundred. 83 Eushworth, vol. vi. p. 606. ' 8* Rushworth, vol. vi. p. 512. 8= Rushworth, vol. vi. p. 555. 378 HISTOEY OF ENGLAND. chiefly by tlie interest and authority of Orraond to fall into an entire dependence on the king. Parsons, Temple, Lot- tus, and Meredith, who favored the opposite party, had been removed, and Charles had supplied their place by others better affected to his service. A committee of the English House of Commons, which had been sent over to Ireland in order to conduct the affairs of that kingdom, had been excluded the council in obedience to orders trans- mitted from the king.*'' And these were reasons sufficient, besides the great difficulties under which they themselves labored, why the Parliament was unwilling to send supphes to any army which, though engaged in a cause much favored by them, was commanded by their declared enemies. They even intercepted some small succors sent thither by the king. . . The king, as he had neither money, arms, ammunition, nor provisions to spare from his own urgent wants, resolved to embrace an expedient which might at once relieve the necessities of the Irish Protestants, and contribute to the advancement of his affairs in England. A truce with the rebels, he thought, would enable his subjects in Ireland to provide for their own support, and would procure him the assistance of the army against the English Parliament. But, as a treaty with a people so odious for then- barbarities, and still more for their religion, might be represented in invidious colors and renew all those calumnies with which he had been loaded, it was necessary to proceed with great caution in conducting that measure. A remonstrance from the army was made to the Irish council, representing their intolerable necessities and craving permission to leave the kingdom ; and if that were refused, " We must have re- course," they said, " to that first and primary law with which God has endowed all men ; we mean the law of na^ ture, which teaches every creature to presei-ve itself." '' Memorials both to the king and Parliament were trans- mitted by the justices and council, in which their wants and dangers are strongly set forth ; ** and, though the general exjjressions in these memorials might perhaps be suspected of exaggeration, yet, from the particular facts mentioned, from the confession of the English Parliament itself,^' and from the very nature of things, it is apparent that the Irish i» Kushworth, vol. vi. p. 630. Clarendon, vol. iii. p. 167. 8' Rushworth, vol. vi. p. 537., " Kushwortli, vol. vi. p. 538. M Kushwortb, vol, vi. p. 640. HISTOET OF ENGLAND. 379 Protestants were reduced to great extremities;'" and it became prudent in the king, if not absolutely necessary, to embrace some exjDcdient which might secure them for a time from the ruin and misery with which they were threat- ened. Accordingly, the king gave orders'^ to Ormond and the justices to conclude for a year a cessation of arms with the Council of Kilkenny, by whom the Irish were governed, and to leave both sides in possession of their present advantages. The Parliament, whose business it was to find fault with every measure adopted by the opposite party, and who would not lose so fair an opportunity of reproaching the king with his favor to the Irish papists, exclaimed loudly against this cessation. Among other reasons, they insisted upon the divine vepgeance, which England might justly dread, for tolerating antichristian idolatry on pretence of civil contracts and political agreements.^'^ Religion, though every day employed as the engiije of their own ambitious purposes, was supposed too sacred to be yielded up to the temporal interests or safety of kingdoms. After the cessation, there was little necessity as well as no means of subsisting the army in Ireland. The king ordered Ormond, who was entirely devoted to him, to send over considerable bodies of it to England. Most of them continued in his service ; but a small part, having imbibed in Ireland a strong animosity against the Catholics, and hearing the king's party universally reproached with popery, soon after deserted to the Parliament. Some Irish Catholics came over with these troops and joined the royal army, where they continued the same cruel- ties and disorders to which they had been accustomed.f^ The Parliament voted that no quarter, in any action, should ever, be given them; but Prince Rupert, by making some reprisals, soon repressed this inhumanity.'* ffl) See further Carte's, Ormond, toI. iii. No. 113, 127, 128, 129, 134, 136, 141, 144, 149, 158, 159. All these papers put it past doubt that the necessities of the Eng- lish army in Ireland were extreme. See further Itushworth, vol. vi. p. 637 ; and Dugdale", pp. 853, 854. "> 7th September. See Eushworth, vol. vi. pp. 537, 544, 547. 82 Eushworth, vol. vi. p. 557. "s Whitlocke, pp. 78, 103. M Eushworth, vol. vi. pp. 680, 783. 380 HISTOET OF ENGLAND. CHAPTER LVTI. INVASION OF THE SCOTS. BATTLE OF MAESTON MOOE. BATTLE OF CEOPEEDY BEIDGB. ESSEx's POECES DIS- AEMBD. SECOND BATTLE OF NEWBUEY. EISE AND CHAEACTEE OF THE INDEPENDENTS. SELF-DENYING OE- DINANCE. FAIEFAX, CEOMWELL. TEEATY OF UXBEIDGE. EXECUTION OF LAUD. [1644.] The king had hitherto, diving the course of the war, obtained many advantages over the Parliament, and had raised himself from that low condition into which he had at first fallen to be nearly upon an equal footing with his adver- saries. Yorkshire, and all the northern counties, were reduced by the Marquis of Newcastle ; and, excepting Hull, the Parlia- ment was master of no garrisons in these quarters. In the west, Plymouth alone, having been in vain besieged by Prince Maurice, resisted the king's authority ; and had it not been for the disappointment in the enterprise on Glou- cester, the royal garrisons had reached without interi'uption from one end of the kingdom to the other, and had occupied a greater extent of ground than those of the Parliament. Many of the royalists flattered themselves that the same vigorous spirit which had elevated them to the present height of power would still favor their progress, and obtain them a final victory over their enemies ; but those who judged more soundly observed that besides the accession of I the whole Scottish nation to the side of the Parliament, the very principle on which the royal successes had been founded was every day acquired, more and more, by the opposite party. The king's troops, full of gentry and nobil- ^ity, had exerted a valor superior to their enemies, and had hitherto been successful in almost every rencounter ; but in proportion as the whole nation became warlike by the con- tinuance of civil discords this advantage was more equally shared; and superior numbers, it was expected, must at length obtain the victory. The king's troops, also, ill-paid, and destitute of every necessary, could not possibly be re- tained in equal discipline with the parliamentary forces, to HISTORY OF ENGLAND. 381 whom all supplies were furnished from unexhausted stores and treasures.^ The severity of manners so much affected by these zealous religionists assisted their military institu- tions ; and the rigid inflexibility of character by which the austere reformers of Church and State were distinguished enabled tlie parliamentary chiefs to restrain their soldiers within stricter rules and more exact order. And while the king's officers indulged themselves even in greater licenses than those to which, during times of peace, they had been accustomed, they were apt both to neglect their military duty and to set a pernicious example of disorder to the soldiers under their command. At the commencement of the civil war, all Englishmen who served abroad were invited over and treated with ex- traordinary respect ; and most of them, being descended of good families, and, by reason of their absence, unacquainted with the new principles which depressed the dignity of the crown, had enlisted under the royal standard. But it is ob- servable that though the military profession requires great genius and long experience in the principal commanders, all its subordinate duties may be discharged by ordinary talents and from superficial practice. Citizens and country gentle- men soon became excellent officers, and the generals of greatest fame and capacity happened, all of them, to spring up on the side of the Parliament. The courtiers and great nobilityf^in the other party, checked the growth of any ex- traordinary genius among the subordinate officers ; and every man there, as in a regular established government, was confined to the station in which his birth had placed him. The king, that he might make preparations during winter for the ensuing campaign, summoned to Oxford all the members of either House who adhered to his interests, and endeavored to avail himself of the name of Parliament, so passionately cherished by the English nation.^ The House of Peers was pretty full, and besides the nobility employed in different parts of the kingdom, it contained twice as many members as commonly voted at Westminster.. The House of Commons consisted of about one hundred and forty, which amounted not to above half of the other House of Commons.' So extremely light had government hitherto lain upon 1 Eushwortli, Tol. vi. p. 560. Eushwortli, vol. Ti. p. 559. ' Bushworth, vol. vi. pp. 566, 574, 575. ) 382 HISTORY OF ENGLAND. the people, that the very name of excise was unknown to them ; and among other evils arising from ' these domestic wars was the introduction of that impost into England. The Parliament at Westminster, having voted an excise on beer, wine, and other commodities, those at Oxford imitated the example, and conferred that revenue on the king. And, in order to enable him the better to recruit his army, they granted him the sum of one hundred thousand pounds, to be levied by way of loan upon the subject. The king circu- lated privy-seals, countersigned by the speakers of both Houses, requiring the loan of jsarticular sums from such persons as lived within his quarters.^ Neither party had as yet got above the pedantry of reproaching their antagonists with these illegal measures. The Westminster Parliament passed a whimsical ordi- nance, commanding all the inhabitants of London and the neighborhood to retrench a meal a week, and to pay the value of it for the support of the public cause.^ It is easily imagined that, provided the money were paid, they troubled themselves but little about the execution of their ordinance.. Such was the king's situation that, in order to restore peace to the nation, he had no occasion to demand any other terms than the restoring of the laws and constitution, the replacing him in the same rights which had ever been en- joyed by his predecessors, and the re-establishing on his ancient basis the whole frame of government, civil as well as ecclesiastical. And, that he might facilitate an end seem- ingly so desirable, he offered to employ means equally popular — a universal act of oblivion, and a toleration or in- dulgence to tender consciences. Nothing, therefore, could contribute more to his interests than every discourse of peace and every discussion of the conditions upon which that blessing could be obtained. For this reason he solicited a treaty on all occasions, -and desired a conference and mutual examination of pretensions, even when he enter- tained no hopes that any conclusion could possibly result from it. For like reasons, the Parliament prudently avoided, as much as possible, all advances towards negotiation, and were cautious not to expose too easily to censure those high terms which their apprehensions or their ambition made them previously demand of the king. Though their partisans were blinded with the thickest veil of religious prejudices, * Eusliwoi'th, vol. vi. p. 590. " Dugiiale, p. 119. Eushwortli, toI. vi. p. 748. HISTOET OF ENGLAND. 383 they dreaded to bring their pretensions to the test, or lay them open before the whole nation. In opposition to the sacred authority of the laws, to the venerable precedents of many ages, the popular leaders were ashamed to plead nothing but fears and jealousies, which were not avowed by the constitution, and for which neither the personal charac- ter of Charles, so full of virtue, nor his situation, so de- prived of all independent authority, seemed to afford any reasonable foundation. Grievances which had been fully redressed ; powers, either legal or illegal, which had been entirely renounced, it seemed unpopular, and invidious, and ungrateful any further to insist on. The king, that he might abate the universal veneration paid to the name of Parliament, had issued a declaration in which he set forth all the tumults by which, himself and his partisans in both Houses had been driven. from London; and he thence inferred that the assembly at "Westminster was no longer a free Parliament, and, till its liberty were restored, was entitled to no authority. As this declaration was an obstacle to all treaty, some contrivance seemed requisite in order to elude it. A letter was written in the foregoing spring to the Earl of Essex, and subscribed by the prince, the Duke of York, and forty-three noblemen.^ They there exhort him to be an instrument of restoring peace, and to promote that happy end with those by whom he was employed. Essex, though much disgusted with the Parliament, though apprehensive of the extremities to which they were driving, though desirous of any reasonable accommodation, yet was still "| rOOTej:eaalHte_tQ_preserye an honorable fidelity to the trust J ^po_seiJft-iim. He replied that as the paper sent him neither contained any address to the two Houses of Parlia- ment, nor any acknowledgment of their authority, he could not communicate it to them. Like proposals had been reiter- ated by the king during the ensuing campaign, and still met with a like answer from Essex.' In order to make k new trial for a treaty, the king, this spring, sent another letter, directed to the Lords and Com- mons of Parliament assembled at Westminster ; but as he also mentioned, in the letter, the Lords and Commons of Parliament assembled at Oxford, and declared that his scope and intention was to make provision that all the members « Clarendon, vol. iii. p. 442. Eushworth, vol, vi. p. 566. Whitlocke, p. 77. ' Clarendon, vol. iii. p. 444. Eushworth, vol vi, pp. 569, 570. Whitlocke, p. 94. 384 HISTORY OF ENGLAND. of both Houses might securely meet in a full and free assembly, the Parliament, perceiving the conclusion implied, refused all treaty upon such terms.* And the king, who knew what small hopes there were of accommodation, would not abandon the pretensions which he had assumed, nor acknowledge the two Houses more expressly for a free Parliament. This winter the famous Pym died — a man as much hated by one party as respected by the other. At London he was considered as the victim to national liberty, who had abridged his life by incessant labors for the interests of his country.' At Oxford he was believed to have been struck with an uncommon disease, and to have been consumed with vermin, as a mark of divine vengeance for his multiplied crimes and treasons. He had been so little studious of im- proving his private fortune in those civil wars of which he had been one principal author, that the Parliament thought themselves obliged, from gratitude, to pay tlie debts which he had contracted.^" We now return to the military operas tions, which, during the winter, w^ere carried on with vigor in several places, notwithstanding the severity of the season. The forces brought from Ireland were landed at Mostyne, in North Wales; and being put under the command of Lord Biron, they besieged and took the castles of Hawarden, Beeston, Acton, and Beddington House.^ JNo place in Cheshire or the neighborhood now adhered to the Parlia- ment, except Nantwich ; and to this town Biron laid siege during the depth of winter. Sir Thomas Fairfax, alarmed at so considerable a jsrogress of the royalists, assemble^d an army of four thousand men in Yorkshire, and, having joined Sir William Brereton, was approaching to the camp of the enemy. "Biron and his soldiers, elated with successes obtained in Ireland, had entertained the most profound con- tempt for the parliamentary forces — a disposition which, if confined to the army, may be regarded as a good presage of victory ; but if it extend to the general is the most prob- able forerunner of a defeat. Fairfax suddenly attacked the camp of the royalists. The swelling of the river by a thaw divided one part of the army from the other. That part exposed to Fairfax, being beaten from their post, retired' into the church of Acton, and were all taken prisoners , the other retreated with precipitation.^'' And thus was dissi- 8 Clarendon, vol. iii. p. 449. Whjtlocke, p. 79. " Whitlocke r> 66 i» Journal, Februarj; 13, 1643. ' ^ »i Kusliworth, vol. vi. p. 299. 12 Kushworth, vol. vi, p. 301. HISTOEY OF ENGLAND. 385 pated, or rendered useless, that body of forces which had been drawn from Ireland, and the parliamentary party re- vived in those northwest counties of England. The invasion from Scotland was attended with conse- quences of much greater importance. The Scots, having summoned in vain the town of Newcastle, which was forti- fied by the vigilance of Sir Thomas Glenham, passed the Tyne and faced the Marquis of Newcastle, who lay at Durham, with an army of fourteen thousand men.^^ After some military operations, in which that nobleman reduced the enemy to difficulties for forage and provisions, he received intelligence of a great disaster which had befallen his forces in Yorkshire. Colonel Bellasis, whom he had left with a considerable body of troops, was totally routed at Selby by Sir Thomas Fairfax, who had returned from Che- shire with his victorious forces.*^ Afraid of being enclosed between two armies, Newcastle retreated ; and Leven having joined Lord Fairfax, they sat down before York, to which the army of the royalists had retired. But as the parlia- mentary and Scottish forces were not numerous enough to invest so large a town, divided by a river, they contented themselves with incommoding it by a loose blockade ; and affairs remained for some time in suspense between these oj)posite armies.^ During this winter and spring, other parts of the king- dom had also been infested with war. Hopton, having assembled an army of fourteen thousand men, endeavored to break into Sassex, Kent, and the southern association, which seemed well disposed to receive them. Waller fell upon him at Cherington, and gave him a defeat ^^ of con- siderable importance. In another quarter, siege being laid to Newark by the parliamentary forces, Prince Rupert pre- pared himself for relieving a town of such consequence, which alone preserved the communication open between the king's southern and northern quarters." With a small force, but that animated by his active courage, he broke through tlie enemy, relieved the town, and totally dissipated that army of the Parliament." But though fortune seemed to have divided her favors between the parties, the king found himself, in the main, a considerable loser by this winter campaign, and he prog- 's Bushworth, vol. vi. p. 615. " Kushworth, vol. vi. p. 618. 'f 'Rushworth, vol. vi. p. 620- >8 29th of March. " Kushworth, vol. vi. p. 306- " 21st of March. Vol. IV.— 25 386 HISTOEY OF ENGLAND. nosticated a still worse event from the ensuing summer. The preparations of the Parliament were great, and much exceeded the slender resources of which he was possessed. 'In the eastern association they levied fourteen thousand men, under the Earl of Manchester, seconded by Cromwell.'* An army of ten thousand men, under Essex, another of nearly the same force under Waller, were assembled in the neighborhood of London. The former was destined to oppose the king ; the latter was appointed to march into the west, where Prince Maurice, with a small army which went continually to decay, was spending his time in vain before Lyme, an inconsiderable town upon the sea-coast. The utmost efforts of the king could not raise above ten thousand men at Oxford ; and on their sword chiefly, during the cam- paign, were these to depend for subsistence. The queen, terrified with the dangers which every way environed her, and afraid of being enclosed in Oxford, in the middle of the kingdom, fled to Exeter, where she hoped to be delivered unmolested of the child with which she was now pregnant, and Avhence she had the means of an easy escape into France, if pressed by the forces of the enemy. She knew the implacable hatred which the Parliament, on account of her religion and her credit with the king, had all along borne her. Last summer the Commons had sent up to the Peers an impeachment of high treason against her, because, in his utmost distresses, she had assisted her hus- band with arms and ammunition, which she had bought in Holland.'"' And had she fallen into their hands, neither her sex, she knew, nor high station could protect her against in- sults at least, if not danger, from those haughty republicans, who so little affected to conduct themselves by the maxims of gallantry and politeness. _ From the beginning of these dissensions, the Parliament, it is remarkable, had in all things assumed an extreme as- cendant over their sovereign, and had displayed a violence, and arrogated an authority, which, on his side, would not have been compatible either with his temper or his situation. "While he spoke perpetually of pardoning all rebels, they talked of nothing but the punishment of delinquents and malignants ; while he offered a toleration and indulgence to tender consciences, they threatened the utter extirplition of prelacy; to his professions of lenity they opposed declara- tions of rigor; and the more the ancient tenor of the laws M Kushworth, vol. It. p. 621. Jo Eushwortli, toI. iv. p. 321. HISTOET OF ENGLAND. 387 inculcated a respectful subordination to the crown, the more careful were they, by their lofty pretensions, to cover that defect under which they labored. Their great advantages in the north seemed to second their ambition, and finally to promise them success in their unwarrantable enterprises. Manchester, having taken Lin- coln, had united his army to that of Leven and Fairfax ; and York was now closely besieged by their combined forces. That town, though vigorously defended by Newcastle, was reduced to extremity ; and the parliamentary generals, after enduring great losses and fatigues, flattered themselves that all their labors would at last be crowned by this important conquest. On a sudden, they were alarmed by the approacli of Prince Rupert. This gallant commander, having vigor- ously exerted himself in Lancashire and Cheshire, had col- lected a considerable army ; and, joining Sir Charles Lucas, who commanded Newcastle's horse, hastened to the relief of York with an army of twenty thousand men. The Scot- tish and parliamentary generals raised the siege, and, draw- ing up on Marston Moor, purposed to give battle to the royalists. Prince Rupert approached the town by another quarter, and, interposing the river Ouse between him and the enemy, safely joined his forces to those of Newcastle. The marquis endeavored to persuade him that, having so successfully effected his purpose, he ought to be content with his present advantages, and leave the enemy, now much diminished by their losses and discouraged by their ill success, to dissolve by those mutual dissensions which had begun to take place among them.^' The prince, whose mar- tial disposition was not sufficiently tempered with prudence nor softened by complaisance, pretending positive orders from the king, without deigning to consult with Newcastle, whose merits and services deserved better treatment, im- mediately issued orders for battle, and led out the army to Marston Moor.^'' This action was obstinately disputed be- tween the most numerous armies that were engaged during the course of these wars ; nor were the forces on each side much different in number. Fifty thousand British troops were led to mutual slaughter, and the victory seemed long undecided between them. Prince Rupert, who commanded the right wing of the royalists, was opposed to Cromwell,^ who conducted the choice troops of the Parliament, inured " Life of the Duke of Newcastle, p- 40, 22 Clarendon, vol. v. p. 506. 2= Rushwortli, part iii. vol. ii. p. S33. 388 HISTORY OF ENGLAND. to danger under that determined leader, animated by zeal, and confirmed by the most rigid discipline. After a sharp combat, the cavalry of the royalists gave way; and such of the infantry as stood next them were likewise borne down and put to flight. Newcastle's regiment alone, resolute to conquer or to perish, obstinately kept their ground, and maintained, by their dead bodies, the same order in which they had at first been ranged. In the other wing. Sir Thomas Fairfax and Colonel Lambert, with some troops, broke through the royalists ; and, transported by the ardor of pursuit, soon reached their victorious friends, engaged also in pursuit of the enemy. But after that attempt was past, Lucas, who commanded the royalists in this wing, re- storing order to his broken forces, made a furious attack on the parliamentary cavalry, threw them into disorder, pushed them upon their own infantry, and put that whole wing to rout. When ready to seize on their carriages and baggage, he perceived Cromwell, who was now returned from pursuit of the other wing. Both sides were not a little surprised to find that they must again renew the combat for that vic- tory which each of them thought they had already obtained. The front of the battle was now exactly counterchanged ; and each army occupied the ground which had been possessed by the enemy at the beginning of the day. This second battle was equally furious and desperate with the first ; but iafter the utmost efforts of courage by both parties, victory wholly turned to the side of the Parliament. The prince's train of artillery was taken, and his whole army pushed off the field of battle.^ This event was in itself a mighty blow to the king ; but proved more fatal in its consequences. The Marquis of Newcastle was entirely lost to the royal cause. That noble- man, the ornament of the court and of his order, had been engaged, contrary to the natural bent of his disposition, into these military operations merely by a high sense of honor and a personal regard to his master. The dangers of war were disregarded by his valor, but its fatigues were oppres- sive to his natural indolence. Munificent and generous in his expense, polite and elegant in his taste, courteous and humane in his behavior, he brought a great accession of friends and of credit to the party which he embraced. But, amid all the hurry of action, his inclinations were secretly drawn to the soft arts of peace, in which he took delight; 2» Kush-worth, vol. vi. p. 632. Whitlocke, p. 89. HISTOET OF ENGLAND. 389 and the charms of poetry, music, and conversation often Btole him from his rougher occupations. He chose Sir Will- iam Davenant, an ingenious poet, for his lieutenant-general ; the other persons, in whom he placed confidence, were more the instruments of his refined pleasures than qualified for the business which they undertook ; and the severity and appli- cation requisite to the support of discipline were qualities in which he was entirely wanting.^^ When Prince Rupert, contrary to his advice, resolved on this battle, and issued all orders, without communicating his intentions to hini, he took the field, but, he said, merely as a volunteer ; and except by his personal courage, which shone out with lustre, he had no share in the action. En- raged to find that all his successful labors were rendered abortive by one act of fatal temerity, terrified with the pros- pect of renewing his pains and fatigue, he resolved no longer to maintain the few resources which remained to a desperate cause, and thought that the same regard to honor which had at first called him to arms now required him to abandon a party where he met with such unworthy treatment. Next morning early he sent word to the prince that he-was in- stantly to leave the kingdom ; and, without delay, he went to Scarborough, where he found a vessel which carried him ( beyond sea. During the ensuing years, till the Restoration, he lived abroad in great- necessity, and saw, with indiffer- ence, his opulent fortune sequestered by tho;se who assumed the government of England. He disdained, by submission or composition, to show obeisance to their usurped author- ity; and the least favorable censors of his merit allowed that the fidelity and services of a whole life had sufficiently atoned for one rash action into which his passion had be- trayed him.^* Prince Rupert, with equal precipitation, drew off the re- mains of his army, and retired into Lancashire. Glenham, in a few days, was obliged to surrender York ; and he marched out his garrison with all the honors of war." Lord Fairfax, remaining in the city, established his government in that whole county, and sent a thousand horse into Lanca^ shire, to join with the iDarliamentary forces in that quarter, and attend the motions of Prince Rupert. The Scottish army marched northwards, in order to join the Earl of Cal- ender, who was advancing with ten thousand additional '5 Clarendon, vol. v. pp. 507, 508. See Warwick. 2S Clarendon, vol. v. p. 511. 2' Kusliworth, vol. vi. p. 638, 390 HISTOEY OF ENGLAND. forces,'^' and to reduce the town of ITewcastle, which they took by storm. The Earl of Manchester, with Cromwell, to whom the fame of this great victory was chiefly ascribed, and who was wounded in the action, returned to the eastern association, in order to recruit his army.^' While these events passed in the north, the king's affairs in the south were conducted with more success and greater abilities. Kuthven, a Scotchman, who had been created Earl of Brentford, acted under the king as general.^ The Parliament soon completed their two armies com- manded by Essex and Waller. The great zeal of the city facilitated this undertaking. Many speeches were made to the citizens by the parliamentary leaders, in order to excite their ardor. Hollis, in particular, exhorted them "not to spare, on this important occasion, either their purses, their persons, or their prayers ; ^ and, in general, it must be con- fessed, they were sufficiently liberal in all these contribu- tions. The two generals had orders to march with their combined armies towards Oxford, and, if the king retired into that city, to lay siege to it, and by one enterprise put a jjeriod to the war. The king, leaving a numerous garri- son in Oxford, passed with dexterity between the two armies, which had taken Abingdon and had enclosed him on both sides.'' He marched towards Worcester ; and Wal- ler received orders from Essex to follow him and watch his motions, while he himself marched into the west in quest of Prince Maurice. Waller had approached within two miles of the royal camp, and was only separated from it by the Severn, when he received intelligence that the king was ad- vanced to Bewdley, and had directed his course towards Shrewsbury. In order to prevent him, Waller presently dislodged, and hastened by quick marches to that town ; while the king, suddenly returning upon his own footsteps, reached Oxford ; and having reinforced his army from that garrison, now in his turn marched out in quest of Waller. The two armies faced each other at Cropredy Brid£>-e, near Banbury ; but the Charwell ran between them. Next day the king decamped, and marched towards Daventry. Wal- ler ordered a considerable detachment to pass the bridge, with an intention of falling on the rear of the royalists. He was repulsed, routed, and pursued with considerable loss.^^ M Whitlocke, p. 88. 20 Rushworth, vol. -vi p 641 =» KusUworth, vol. vi. p. 662. si 3^ of June. "2 Kushwortli, vol. vi. p. 676, Clarendon, vol. y. p. 497. Si/ Edward Walker. p. 31. ' HISTOET OF ENGLAND. 391 Stunned and disheartened with this blow," his army decayed and melted away by desertion ; and the king thought he mi_4ht safely leave it, and march westward against Essex. That general, having obliged Prince Maurice to raise the siege of Lyme, having taken Weymouth and Taunton, ad- vanced still in his conquests, and met with no equal oppo- sition. The king followed him, and having reinforced his army from all quarters, appeared in the field with an army superior to the enemy. Essex, retreating into Cornwall, in- formed the Parliament of his danger, and desired them to send an army which might fall on the king's rear. General Middleton received a commission to execute that service, but came too late. Essex's army, cooped up in a narrow corner at Lestithiel, deprived of all forage and provisions, and seeing no prospect of succor, was reduced to the last extremity. The king pressed them on one side, Prince Maurice on another, Sir Richard Granville on a third. Es- sex, Robai'ts, and some of the principal officers escaped in a boat to Plymouth ; Balfour with his horse passed the king's outposts, in a ^hick mist, and got safely to the garrisons of his own party. The foot under Skippon were obliged to surrender their arms, artillery, baggage and ammunition ; and, being conducted to the Parliament's quarters, were dismissed. By this advantage, which was much boasted of, the king, besides the honor of the enterprise, obtained what he stood extremely in need of £^he Parliament, having pre- served the men, lost what they could easily I'epair.^ No sooner did this intelligence reach London than the committee of the two kingdoms voted thanks to Essex for his fidelity, courage, and conduct ; and this method of pro- ceeding, no less politic than magnanimous, was preserved by the Parliament throughout the whole course of the war. Equally indulgent to their friends and rigorous to their en- emies, they employed with success these two powerful en- gines of reward and punishment in confirmation of' their authority. That the king might have less reason to exult in the ad- vantages which he had obtained in the west, the Parliament opposed to him very numerous forces. Having armed anew Essex's subdued but not disiieartened troops, they ordered Manchester and Cromwell to march with their recruited forces from the eastern association, and, joining their armies ss Rusliworth, vol. ri. p. 699, etc. Whitlocke, p, 98. Clarendon, vol. v. pp. B2i, 525. Sir Edward Walker, pp. (i9, 70, etc. 392 HISTOET OF ENGLAND. to those of Waller and Middleton as well as of Essex, offered battle to the king. Charles chose his post at Newbury, where the parliamentary armies, under the Earl of Man- chester, attacked him with great -vigor ; and that town was a second time the scene of the bloody animosities of the Ent^lish. Essex's soldiers, exhorting one another to repair their broken honor and revenge the disgrace of Lestithiel, made an impetuous assault on the royalists ; and having re- coyered some of their cannon, lost in Cornwall, could not forbear embracing them with tears of joy. Though the king's troops defended themselves with valor, they were overpowered by numbers ; and the night came very season- ably to their relief, and prevented a total overthrow. Charles, leaving his baggage and cannon in Dennington Castle, near Newbury, forthwith retreated to Wallingford, and thence to Oxford. There Prince Rupert and the Earl of Northampton joined him with considerable bodies of cav- alry. Strengthened by this reinforcement, he ventured to advance towards the enemy, new employed before Denning- ton Castle.'* Essex, detained by sickness, had not joined the army since his misfortune in Cornwall. Manchester, who commanded, though his forces were much superior to those of the king, declined an engagement, and rejected Cromwell's advice, who earnestly pressed him not to neglect so favorable an opportunity of finishing the war. The king's army, by bringing off their cannon from Dennington Castle in the face of the enemy, seemed to have sufficiently repaired the honor which they had lost at Newbury ; and Charles, having the satisfaction to excite between Manches- ter and Cromwell equal animosities with those which for- merly took place between Essex and Waller,"" distributed his army into winter-quarters. Those contests among the parliamentary generals, which had disturbed their military operations, were renewed in London during the winter season ; and, each being sup- ported by his own faction, their mutual reproaches and ac- cusations agitated the whole city and Parliament. There had long prevailed in that party a secret distinction, which, though the dread of the king's power had hitherto sup- pressed it, yet, in proportion as the hopes of success became nearer and more immediate, began to discover itself with high contest and animosity. The Independents, who had at first taken shelter and concealed themselves under the 3« Eueliwortb, vol. vi. p. 721. as Kusliworth, vol. vii. p. 1. HISTOET OF ENGLAND. 393 wings of Presbyterians, now evidently appeared a distinct party, and betrayed very different views and pretensions. We must here endeavor to explain the genius of this party and of its leaders, who henceforth occupy the scene of ac- tion. During those times when the enthusiastic spirit met with such honor and encouragement, and was the imme- diate means of distinction and preferment, it 'was impossi- ble to set bounds to these holy fervors, or confine within any natural limits what was directed towards an infinite and a supernatural object. Every man, as prompted by the warmth of his temper, excited by emulation, or sup- ported by his habits of hypocrjsy, endeavored to distinguish himself beyond his fellows, and to arrive at a higher pitch of saintship and perfection. In proportion to its degree of fanaticism, each sect became dangerous and destructive, and, as the Independents went a note higher than the Pres- byterians, they could less be restrained within any bounds of temper and moderation. From this distinction, as from a first principle, were derived, by a necessary consequence, all the other differences of these two sects. The Independents rejected all ecclesiastical establish- ments, and would admit of no spiritual courts, no govern- ment among pastors, no interposition of the magistrate in religious concerns, no fixed encouragement annexed to any system of doctrines or opinions. According to their prin- ciples, each congregation, united voluntarily and by spirit- ual ties, composed, within itself, a separate church, and ex- ercised a jurisdiction, but one destitute of temporal sanc- tions, over its own pastor and its own members. The elec-j tion alone of the congregation was sufficient to bestow the sacerdotal character ; and as all essential distinctions was denied between the laity and the clergy, no ceremony, no institution, no vocation, no imposition of hands, was, as in all other churches, supposed requisite to convey a right to', holy orders. The enthusiasm of the Presbyterians led; them to reject the authority of prelates, to throw off th^l restraint of liturgies, to retrench ceremonies, to limit the riches and authority of the priestly office ; the fanaticism , of the Independents, exalted to a higher pitch, abolished ecclesiastical government, disdained creeds and systems, neglected every ceremony, and confounded all ranks and orders. The soldier, the merchant, the mechanic, indulg- ing the fervors of zeal, and guided by the illapses of 394 HISTORY OF ENGLAND. the Spii'it, resigned himself to an inward and superior di- rection, and was consecrated, in a manner, by an immediate intercourse and communication with Heaven. The Catholics, pretending to an infallible guide, had justified, upon that principle, their doctrine and practice of persecution ; the Presbyterians, imagining that such clear and certain tenets as they themselves adopted could be re- jected only frpm a criminal and pertinacious obstinacy, had hitherto gratified to the full their bigoted zeal in a like doc- trine and practice ; the Independents, from the extremity of the same zeal, were led into the milder principles of tol- eration. Their mind, set afloat in the wide sea of inspira- tion, could confine itself within no certain limits ; and the same variations in which an enthusiast indulged himself he jvas apt, by a natural train of thinking, to permit in others. Of all Christian sects, this was the first which, during its prosperity as well a^ its adversity, always adopted the prin- ciple of toleration ; and it is remarkable that so reasonable a doctrine owed its origin not to reasoning, but to the height /of extravagance and fanaticism. Popery and prelacy alone, whose genius seemed to tend towards superstition, were treated by the Independents with rigor. The doctrines, too, of fate or destiny were deemed by them essential to all religion. In these rigid opinions the whole sectaries, amid all their other differences, unani- mously concurred. The political system of the Independents kept pace with their religious. Not content with confining to very narrow limits the ])ower of the crown, and reducing the king to the rank of first magistrate, which was the project of the Pres- byterians, this sect, more ardent in the pursuit of liberty, aspired to a total abolition of the monarchy, and even of the aristocracy, and projected an entire equality of rank and order in a republic, quite free and independent. In conse- quence of this scheme, they were declared enemies to all proposals for peace, except on such terms as, they knew, it was impossible to obtain ; and they adhered to that maxim, which is in the main prudent and political, that whoever draws the sword against his sovereign should throw away the scabbard. By terrifying others with the fear of ven- geance from the offended prince, they had engaged greater numbers into the opposition against peace than had adojited their other principles with regard to government and relig- ion. And the great success which had already attended the HISTOEY OP ENGLAND. 395 arms of the Parliament, and the greater which was soon expected, confirmed tliem still further in this obstinacy. Sir Harr)' Vane, Oliver Cromwell, Nathaniel Fiennes, and Oliver St. John, the solicitor-general, were regarded as the leaders of the Independents. The Earl of Essex, dis- gusted with a war of which he began to foresee the perni- cious consequences, adhered to the Presbyterians, and pro- moted every reasonable plan of accommodation. The Earl of Northumberland, fond of his rank and dignity, regarded with horror a scheme which, if it took place, would con- found himself and his family with the lowest in the king- dom. The Earls of Warwick and Denbigh, Sir Philip Stapleton, Sir William Waller, Hollis, Massey, Whitlocke, Maynard, Glyn, had embraced the same sentiments. In the' Parliament a considerable majority, and a much greater in the nation, were attached to the Presbyterian party, and itj was only by cunning and deceit at first, and afterwards byj military violence, that the Independents could entertain any hopes of success. The Earl of Manchester, provoked at the impeachment which the king had lodged against him, had long forwarded the war with alacrity ; but being a man of humanity and good principles, the view of public calamities, and the pros- pect of a total subversion of government began to moderate his ardor, and inclined him to promote peace on any safe or honorable terms. He was even suspected, in the field, not to have pushed to the utmost against the king the advan- tages obtained by the arms of the Parliament, and Crom- well, in the public debates, revived the accusation that this nobleman had wilfully neglected, at Dennington Castle, a favorable opportunity of finishing the war by a total defeat of the royalists. " I showed him evidently," said Crom- well, " how this success might be obtained, and only desired leave, with my own brigade of horse, to charge the king's army in their retreat, leaving it in the earl's choice, if he thought proper, to remain neutral with the rest of his forces ; but, notwithstanding my importunity, he positively refused his consent, and gave no other reason but that, if we met with a defeat, there was an end of our pretensions ; we should all be rebels and traitors, and be executed and for- feited by law." =« Manchester, by way of recrimination, informed the Par- liament that at another time, Cromwell having proposed M Clarendon, vol. v. p. 561. 396 HISTOBT OF ENGLAND. some scheme to which it seemed improbable the Parliament would agree, he insisted and said, " 'My lord, if you will stick firm to honest men, you shall find yourself at the head of an army, which shall give law both to king and Parlia- ment.' This discourse," continued Manchester, " made the greater impressioii on me, because I knew the lieutenant- general to be a man of very deep designs ; and he has even ventured to tell me that it never would be well with Eng- land till I were Mr. Montague, and there were ne'er a lord or peer in the kingdom." ^^ So full was Cromwell of these . republican projects that, notwithstanding his habits of pro- found dissimulation, he could not so carefully guard his ex- pressions but that sometimes his favorite notions would es- cape him. These violent dissensions brought matters to extremity, and pushed the Independents to the execution of their de- signs. The present generals, they thought, were more de- sirous of protracting than finishing the war, and having en- tertained a scheme for preserving still some balance in the constitution, they were afraid of entirely subduing the king, and reducing him to a condition where he should not be enti- tled to ask any concessions. A new model alone of the army could bring complete victory to the Parliament, and free the nation from those calamities under which it labored. But how to effect this project was the diflSculty. The authority as well as merits of Essex was very great with the Parlia- ment. Not only he had served them all along with the most exact and scrupulous honor, it was, in some measure, owing to his popularity that they had ever been enabled to levy an army, or make head against the royal cause. Manches- ter, Warwick, and the other commanders had likewise great credit with the public ; nor were there any hopes of prevail- ing over them but by laying the plan of an oblique and arti- ficial attack, which would conceal the real purpose of their antagonists. The Soots and Scottish commissioners, jealous of the progress of the Independents, were a new obstacle, which without the utmost art and subtlety it would be diffi- cult to surmount."' The methods by which this intriaue was conducted are so singular, and show so fully the genius of the age, that we shall give a detail of them as they are delivered by Lord Clarendon.^^ A fast on the last Wednesday of every month had been ^' Clarendon, vol. v. p. 562. s' (Jlareudou, vol. -. 265. s» Clarendon, vol. v. p. 565. HISTOEY 01" ENGLAND. 397 ordered by the Parliament at the beginning of these com- motions ; and their preachers on that day were careful to keep alive, by their vehement declamations, the pojiular prejudices entertained against the king, against prelacy, and against popery. The king, that he might combat the Par- liament with their own weapons, appointed likewise a monthly fast, when the people should be instructed in the duties of loyalty and of submission to the higher powers ; and he chose the second Friday of every month for the de- votion of the royalists.*" It was now proposed and carried in Parliament by the Independents that a new and more solemn fast should be voted, when they should implore the divine assistance for extricating them from those perplex- ities in which they were at present involved. On that day the preachers, after many political prayers, took care to . treat of the reigning divisions in the Parliament, and as- cribed them entirely to the selfish ends pursued by the mem- bers. In the hands of those members, they said, are lodged all the considerable commands of the army, all the lucraftye offices in the civil administration; and while the nation is falling every day into poverty, and groans under an insup- portable load of taxes, these men multiply possession on possession, and will in a little time be masters of all the wealth of the kingdom. That such persons who fatten on the calamities of their country will ever embrace any effect- ual measure for bringing them to a period, or insuring final success to the war, cannot reasonably be expected. Lin- geiring expedients alone will be pursued, and, operations in the field concurring, in the same pernicious end, with delib- erations in the cabinet, civil commotions will forever be perpetuated in the nation. After exaggerating these disor- ders, the ministers returned to their prayers, and besought the Lord that he would take his own work into his own hand; and, if the instruments whom he had hitherto em- ployed were not worthy to bring to a conclusion so glorious a design, that he would inspire others more fit, who might perfect what was begun, and, by establishing true religion, put a speedy period to the public miseries. On the day subsequent to these devout animadversions, when the Parliament met, a new spirit appeared in the looks of many. Sir Henry Vane told the Commons that if ever God appeared to them, it was in the ordinances of yester- day ; that, as he was credibly informed by many who had " Kushworth, vol. yi. p. 364. 398 HISTORY OP ENGLAND. been present in different congregations, the same lamenta- tions and discourses which the godly preachers had made before them had been heard in other churches ; that so remarkable a concurrence could proceed only from the immediate operation of the Holy Spirit ; that he therefore entreated them, in vindication of their own honor, in con- sideration of their duty to God and their country, to lay aside all private ends and renounce every office attended with profit or advantage ; that the absence of so many members, occupied in different employments, had rendered the House extremely thin and .diminished the authority of their determinations ; and that he could not forbear, for his own part, accusing himself as one who enjoyed a gainful office — that of treasurer of the navy ; and though he was possessed of it before the civil commotions, and owed it not to the favor of the Parliament, yet was he ready to resign it and to sacrifice to the welfare of his country every con- sideration of private interest and advantage. Cromwell next acted his part, and commended^ the preachers for having dealt with them plainly and impartially, and told them of their errors, of which they were so unwill- ing to be informed. Though they dwelt on many things, he said, on which he had never before reflected, yet, upon revolv- ing them, he could not but confess that till there were a perfect reformation in these particulars, nothing which they undertook could possibly prosper. The Parliament, no doubt, continued he, had done wisely, on the commencement of the war, in engaging several of its members in the most dangerous parts of it, and thereby satisfying the nation that they intended to share all hazards with the meanest of the peojjle. But affairs are now changed. During the progress of military operations there have arisen in the parliamentary armies many excellent officers who arc qualified for higher commands than they are now possessed of. And though it becomes not men engaged in such a cause to put trust in the arm of flesh, yet he could assure them that their troops contained generals fit to command in any enterprise in Christendom. The army, indeed, he was soi-ry to say it, did not correspond by its discipline to the merit of the officers ; nor were there any hopes till the present vices and disorders which prevail among the soldiers were repressed by a new model, that their forces would ever be attended with signal success in any undertaking. In opposition to this reasoning of the Independents, HISTOBT OF ENGLAND. 399 many of the Presbyterians showed the inconvenience and danger of the projected alteration. Whitlocke, in particular, a man of honor, who loved his country, though in every change of government he always adhered to the ruling power, said that besides the ingratitude of discarding, and that by fraud and artifice, so many noble persons, to whom the Parliament had hitherto owed its chief support, they would find it extremely difficult to supply the, place of men now formed by experience to command and authority;] that the rank alone possessed by such as were members of i either House prevented envy, retained the army in obedience,! and gave weight to military orders ; that greater confidence might safely be reposed in men of family and fortune than in mere adventurers, who would be apt to entertain separate views from those which were embraced by the persons who employed them ; that no maxim of policy was more undis- puted than the necessity of preserving an inseparable con- nection between the civil and military powers, and of retaining the latter in strict subordination to the former ; that the Greeks and Romans, the wisest and most passionate lovers of liberty, had ever intrusted to their senators the command of armies, and had maintained an unconquerable jealousy of all mercenary forces ; and that such men alone, whose interests were involved in those of the public, and who possessed a vote in the civil deliberations, would suffi- ciently respect the authority of Parliament, and never could be tempted to turn the sword against those by whom it was committed to them." Notwithstanding these reasonings, a committee was chosen to frame what was called the self-denying ordinance, by which the members of both Houses were excluded from all civil and military employments, except a few offices which were specified. This ordinance was the subject of great debate, and for a long time rent the Parliament and city into factions. But at last — by the prevalence of envy with some ; with others, of false modesty ; with a great many, of the republican and independent views — it passed the House of Commons and was sent to the upper House. The Peers, though the scheme was, in part, levelled against their order ; though all of them were, at bottom, extremely averse to it ; though they even ventured once to reject it, yet possessed so little authority that they durst not persevere in opposing the resolution of the Commons ; and they thought it better " WMtlocke, pp. 114, 115. Eushworth, vol. vii. p. 6. 400 HISTOET 01" ENGLAND. policy by an unlimited compliance to ward off that rum which they saw approaching.^^ The ordinance, therefore, having passed both Houses, Essex, Warwick, Manchester, Denbigh, Waller, Brereton, and many others resigned their commands, and received the thanks of Parliament for their good services. A pension of ten thousand pounds a year was settled on Essex. [1645.] It was agreed to recruit the army to twenty-two thousand men ; and Sir Thomas Fairfax was appointed gene- ral.*' It is remarkable that his commission did not run, like that of Essex, in the name of the king and Parliament, but in that of the Parliament alone ; and the article concerning the safety of the king's person was omitted. So much had animosities increased between the parties." Cromwell, being a member of the lower House, should have been discarded with the others ; but this impartiality would have disappointed all the views of those who had introduced the self-denying ordinance. He was saved by a subtlety, and by that political craft in which he was so eminent. At the time when the other officers resigned their commissions, care was taken that he should be sent, with a body of horse, to relieve Taunton, besieged by the royalists. His absence being remarked, orders were despatched for his imlnediate attendance in Parliament ; and the new general was directed to employ some other officer in that service. A ready com- pliance was feigned ; and the very day was named on which it was averred he would take his place in the House. But Fairfax, having appointed a rendezvous of the army, wrote to the Parliament, and desired leave to retain for some days Lieutenant-general Cromwell, whose advice, he said, would be useful in supplying the place of those officers who had resigned. Shortly after, he begged with much earnestness that they would allow Cromwell to serve that campaign.*^ And thus the Independents, though the minority, prevailed by art and cunning over the Presbyterians, and bestowed the whole military authority in appearance upon Fairfax, in reality upon Cromwell. Fairfax was a person equally eminent for courage and for humanity ; and though strongly infected with prejudices or principles derived from religious and party zeal, he seems never, in the coui-seof his public conduct, to have been divert- ed by private interest or ambition from adhering strictly to « Rushworth.vol.vii. pp.8,15. « Whltlocke, p. U8. Eushworth, vol. vii p 1 " Whitlocke, p. 133. « Clarendon, vol. v. pp. 629, 630. Whitlocke, p. 147. HISTOEY OF ENGLAND. 401 these principles. Sincere in his professions, disinterested in his views, open in his conduct, he had formed one of the most shining characters of the age, had not the extreme narrow- ness of his genius, in everything but in war, and his embar- rassed and confused elocution on every occasion but when he gave orders, diminished the lustre of his merit, and ren- dered the part which he acted, even when vested with the supreme command,' but secondary and subordinate. Cromwell, by whose sagacity and insinuation Fairfax was entirely governed, is one of the most eminent and most singular personages that occur in history. The strokes of his character are as open and as strongly marked as the schemes of his conduct were during the time dark and im- penetrable. His extensive capacity enabled him to form the most enlarged projects ; his enterprising genius was not dismayed with the boldest and most dangerous. Carried by his natural temper to magnanimity, to grandeur, and to an imperious and domineering policy, he yet knew, when necessary, to employ the most profound dissimulation, the most oblique and refined artifice, the semblance of the greatest moderation and simplicity. A friend to justice, though his public conduct was one continued violation of it; devoted to religion, though he perpetually employed it as the instrument of his ambition, he was engaged in crimes from the prospect of sovereign power — a temptation which is, in general, irresistible to human nature. And by using well that authority which he had attained by fraud and violence he has lessened, if not overpowered, our detesta^ tion of his enormities by our admiration of his success and of his genius. During this important transaction of the self-denying ordinance, the negotiations for peace were likewise carried on, though with small hopes of success. The king having sent two messages — one from Evesham,*' another from Tav- istoke " — desiring a treaty, the Parliament despatched com- missioners to Oxford with proposals as high as if they ob- tained a complete victory.*^ The advantages gained during the campaign, and the great distresses of the royalists, had much elevated their hopes ; and they were resolved to re- pose no trust in men inflamed with the highest animosity against them, and who, were they possessed of power, were " 4th of July, 1644. « 8th of September, 1644. « Dugdale, p. 737. Kushworth, vol, vl. p. 850 Vol. IV.— 26 402 HISTORY OF ENGLAND. fully authorized by law to punish all their opponents as rebels and traitors. The king, when he considered the proposals and the dis- position of the Parliament, could not expect any accommo- dation, and had no prospect but of war, or of total submis- sion and subjection ; yet, in order to satisfy his own party, who were impatient for peace, he agreed to send the Duke of Richmond and Earl of Southampton with an answer to the proposals of the Parliament, and at the same time to desire a treaty upon their mutual demands and pretensions.^^ It now became necessary for him to retract his former declaration that the two Houses at Westminster were not a free Parliament ; and accordingly he was induced, though with great reluctance, to give them in his answer the appel- lation of the Parliament of England.^" But it appeared afterwards by a letter which he wrote to the queen, and of which a copy was taken at Naseby, that he secretly entered an explanatory protest in his council-book ; and he pretend- ed that though he had called them the Parliament, he had not thereby acknowledged them for such.^^ This subtlety, which had been frequently objected to Charles, is the most noted of those very few instances from which the enemies of this prince have endeavored to load him with the imputa- tion of insincerity, and have inferred that the Parliament could repose no confidence in his professions and declara- tions, not even in his laws and statutes. There is, however, it must be confessed, a difference universally avowed be- tween simply giving to men the appellation which they as- sume and the formal acknowledgment of their title to it; nor is anything more common and familiar in all public transactions. The time and place of treaty being settled, sixteen com- missioners from the king met at Uxbridge, with twelve au- thorized by the Parliament, attended by the Scottish com- missioners. It was agreed that the Scottish and parlia- mentary commissioners should give in their demands with regard to three important articles — religion, the militia, and Ireland; and that these should be successively discussed » WTiitloclce, p. 110. eo wutloclie, p. 111. Dugdale, p. 748. M His words aie : "As for my calling tljose at London a Parliament, I shall refer thee to Di^by for particular satisfaction. This in general : if there had been but two besides myself of my opinion, I had not done it ; and the arRumeut that prevailed with me was that the calling did no ways acknowledge them to be a Parliament ; upon which condition and construction I did it, and no otherwise and accordingly it is registered in the council-books, with the council's unani- mous approbation." — The King's Cabinet Opened. Kushworth, vol. Iv. p 943 HISTORY OF ENGLAND. 403 in conference with the king's commissioners/^ It was soon found impracticable to come to any agreement with regard to any of these articles. In the summer of 1643, while the negotiations were car- ried on with Scotland, the Parliament had summoned an assembly at Westminster, consisting of one hundred and twenty-one divines and thirty laymen, celebrated in their party for piety and learning. By their advice alterations were made in the Thirty-nine Articles, or in the meta- physical doctrines of the Church ; and what was of greater importance, the liturgy was entirely abolished, and' in its stead a new directory for worship was established, by which, suitably to the spirit of the Puritans, the utmost liberty, both in praying and preaching, was indulged to the public teachers. By the solemn league and covenant, episcopacy was abjured, as destructive of all true piety ; and a national engagement, attended with every circumstance that could render a promise sacred and obligatory, was entered into with the Scots never to suffer its readmission. All these measures showed little spirit of accommodation in the Par- liament; and the king's commissioners were not surprised to find the establishment of presbytery and the directory positively demanded together with the subscription of the covenant both by the king and kingdom.^^ "2 Wliitlocke, p. 121. Dugdale, p. T58. 03 Such love of contradiction prevailed in the Parliament that they had con- verted Christmas, which with the cliurehmen was a great festival, into a solemn fast and humiliation, "in order," as they said, '' that it might call to reniem- bi-anee our sins and the sins of our forefathers, who, pretending to celebrate the meinoiy of Christ, have turned this feast into an extreme forgetfulness of him by giving liberty to carnal and sensual delights."— Rush worth, vol. vi. p. 817. It is remarkable that as the Parliament abolished all holidays, and severely pro- hibited all amusement on the Sabbath, and even burned by the hands of the hangman the king's book of sports, the nation found that there was no lime left for relaxation or diversion. Upon application, therefore, of the servants and apprentices, the Parliament appointed the second Tuesday of every month for play and recreation.— liushworth, vol. vii. p. 460. Whitlocke, p. 247. But these institutions they found great difficulty to execute ; and the people were resolved to be merry when they themselves pleased, not when the Parliament should pre- sciibe it to them. The keeping of ChristLnas holidays was long a great mark of nialignajicy, and very severely censured by the Co'mmons.— Whitlocke, p. 2t-6, Even minced pies, which custom had mjide a Christmas dish among the church- men, was regarded during that season as a profane and superstitious viand by the sectaries, though at other times it agreed very well with their stomachs- In the parliamentary ordinance, too, for ftie observance of the Sabbath, they in- serted a clause for the taking down of May-poles, which they called a heathenish vanity. Since we are upon this subject, it may not be amiss to mention that, besides setting apart Sunday for the ordinances, as they called them, the godly had regular meetings oji the Thursdays for resolving cases of conscience, and conferring about their progress in grace. What they were chiedy anxious about ■was the fixing the precise moment of their conversion or new birth ; and whoever could not ascertain so difhcult a point of calculation could not pretend to any title to saintship. The profane scholars at Oxford, after the Parliament became masters of that town, gave to the house in which the zealots assembled the denomination of ifcrw^/e Shop; the zealots, in their turn, insulted the scholars 404 HISTORY OP ENGLAND. Had Charles been of a disposition to neglect all theologi- cal controversy, he yet had been obliged, in good policy, to adhere to episcopal jurisdiction, not only because it was fa- vorable to monarchy, but because all his adherents were pas- sionately devoted to it ; and to abandon tliein in what they regarded as so important an article was forever to relinquish their friendship and assistance. But Charles had never at- tained such enlarged principles. He deemed bishops essen- tial to the very being of a Christian Church ; and he thought himself bound by more sacred ties than those of policy, or even of honor, to the support of that order. His conces- sions, therefore, on this head he judged sufficient when he agreed that an indulgence should be given to tender con- sciences with regard to ceremonies ; that the bishops should exercise no act of jurisdiction or ordination without the. consent and counsel of such presbyters as should be chosen by the clergy of each diocese ; that they should reside con-, stantly in their diocese, and be bound to preach every Sun- day ; that pluralities be abolished ; that abuses in ecclesias- tical courts be redressed ; and that a hundred thousand pounds be levied on the bishops' estates and the chapter lands for payment of debts contracted by the Parliament.''* These concessions, though considerable, gave no satisfaction to the parliamentary commissioners ; and, without abating anything of their rigor on this head, they proceeded to their demands with regard to the militia. The king's partisans had all along maintained that the fears and jealousies of the Parliament, after the securities so early and easily given to public liberty, were either feigned or groundless ; and that no human institution could be bet- ter poised and adjusted than was now the government of England. By the abolition of the Star-chamber and court of high commission, the prerogative, they said, has lost all that coercive power by which it had formerly suppressed or endangered liberty ;. by the establishment of triennial par- liaments, it can have no leisure to acquire new powers, or guard itself during any time from the inspection of that vigilant assembly ; by the slender revenue of the crown, no king can ever attain such influence as to procure a repeal of these salutary statutes ; and while the prince commands no military force, he will in vain by violence attempt an in- end professors ; and, intruding into the place of lectures, declaimed against hn- man learning, and challenged the most knowing of them to prove that their call- iug was from Christ. See Wood's Fasti Oxouiensee, d. 740, M Dugdale, pp. 779, 780. HISTORY OF ENGLAND. 405 f ringement of laws so clearly defined by means of late dis- putes, and so passionately cherished by all his subjects. lu this situation, surely, the nation, governed by so virtuous a monarch, may for the present remain in tranquillity, and try whether it be not possible by peaceful arts to elude that danger ,with which, it is pretended, its liberties are still threatened. But though the royalists insisted on these plausible topics before the commencement of war, they were obliged to own that the progress of civil commotions had somewhat abated the force and evidence of this reasoning. If the power of the militia, said the opposite party, be intrusted to the king, it would not now be difficult for him to abuse that authority. By the rage of intestine discord, his partisans are inflamed into an extreme hatred against their antagonists ; and have contracted, no doubt, some prejudices against popular priv- ileges, which, in their apprehension, have been the source of so much disorder. Were the arms of the state, therefore, put entirely into such hands, what public security, it maybe demanded, can be given to liberty, or what private security to those who, in opposition to the letter of the law, have so generously ventured their lives in its defence ? In compli- ance with this apprehension, Charles offered that the arms of the state should be entrusted during three years to twenty commissioners, who should be named, either by common agreement between him and the Parliament, or one half by him, the other by the Parliament. And after the expiration of that term, he insisted that his constitutional authority over the militia should again return to him.*^ The parliamentary commissioners at first demanded that the power of the sword should forever be intrusted to such persons as the Parliament alone should appoint ; ^^ but after- wards they -relaxed so far as to require that authority only for seven years ; after which it was not to return to the king, but to be settled by bill, or by common agreement be- tween him and his Parliament.'^^ The king's commissioners asked whether jealousies and fears were all on one side, and whether the prince, from such violent attempts and preten- sions as he had experienced, had not at least as good reason to entertain apprehensions for his authority as they for their liberty ; whether there were any equity in securing only one party and leaving the other during the space of seven years entirely at the mercy of their enemies ; whether, if unlimited C6 Dugdale, p. 798. ^ Dugdale, p. 791. i" Dugdale, p. 820. 406 HISTOET OF ENGLAND. power were intrusted to the Parliament -during so long a period, it would not be easy for them to frame the subse- quent bill in the manner most agreeable to themselves, and keep forever possession of the sword, as well as of every ar- ticle of civil power and jurisdiction.^^ The truth is, after the commencement of war it was very difficult, if not impossible, to find security for both parties, especially for that of the Parliament. Amid such violent animosities, power alone could insure safety; and the power of one side was necessarily attended with danger to the other. Few or no instances occur in history of an equal, peaceful, and durable accommodation that has been concluded between two factions which had been inflamed into civil war. With regard to Ireland, there were no greater hopes of agret'iiient between the parties. The Parliament demanded that the truce with the rebels should be declared null ; that the management of the war should be given over entirely to the Parliament ; and that, after the conquest of Ireland, the nomination of the lord-lieutenant and of the judges, or, in other words, the sovereignty of that kingdom, should like- wise remain in their hands.^" What rendered an accommodation more desperate was that the demands on these three heads, however exorbitant, were acknowledged by the jiarliamentary commissioners to be nothing but preliminaries. After all these were granted, it would be necessary to proceed to the discussion of those other demands, still more exorbitant, which a little before had been transmitted to the king at Oxford. Such ignomin- ious terms were there insisted on that worse could scarcely be demanded were Charles totally vanquished, a prisoner, and in chains. The king was required to attaint and except from a general pardon forty of the most considerable of his English subjects and nineteen of his Scottish, together with, all popish recusants in both kingdoms who had borne arms for him. It was insisted that forty-eight more, with all the members who had sat in either house at Oxford, all lawyers and divines who had embraced the king's party, should be rendered incapable of any office, be forbidden the exercise of their profession, be prohibited from coming within the verge of the court, and forfeit the third of their estates to the Parliament. It was required that whoever had borne arms for the king should forfeit the tenth of their estates, or, M Dugdale, p. 877. to Dugdale, pp. 826, 827. HISTOET OF ENGLAND. 407 if that did not suffice, the sixth, for the payment of public debts. As if royal authority were not sufficiently annihilat- ed by such terms, it was demanded that the court of wards should be abolished ; that all the considerable officers of the crown, and all the judges, should be appointed by Parlia- ment ; and that the right of peace and war should not be exercised without the consent of that assembly.^" The Pres- byterians, it must be confessed, after insisting on such con- ditions-, differed only in words from the Independents, who required the establishment of a pure republic. When the debates had been carried on to no purpose during twenty days among the commissioners, they separated, and re- turned ; those of the king to Oxford, those of the Parliament to London. A little before the commencement of this fruitless treaty, a deed was executed by the Parliament which proved their determined resolution to yield nothing, but to proceed in the same violent and imperious manner with which they had at first entered on these dangerous enterprises. Archbishop" Laud, the most favorite minister of the king, was brought to the scaffold ; and in this instance the public might see that popular assemblies, as by their very number they are in a great measure exempt from the restraint of shame, so, when they also overleap the bounds of law, naturally break out into acts of the greatest tyranny and injustice. From the time that Laud had been committed, the House of Commons, engaged in enterprises of greater moment, had found no leisure to finish 'his impeachment ; and he had patiently endured so long .an imprisonment without being brought to any trial. After the union with Scotland, the bigoted prejudices of that nation revived the like spirit in England ; and the sectaries resolved to gratify their ven- geance in the punishment of this prelate, who had so long, by his authority and by the execution of penal laws, kept their zealous spirit under confinement. He was accused of high treason in endeavoring to subvert the fundamental laws, and of other high crimes and misdemeanors. The same illegality of an accumulative crime and a constructive evidence which appeared in the case of Strafford, the same violence and iniquity in conducting the trial, are conspicuous throughout the whole course of this prosecution. The groundless charge of popery, though belied by his whole life and conduct, was continually urged against the prisoner ; «" Rushworth, vol vi. p 850 Dugdale, p. 737. 408 HISTOEY OF ENGLAND. and every error rendered unpardonable by this imputation, which was supposed to imply the height of all enormities. " This man, my lords," said Sergeant Wilde, concluding his long speech against him, " is like Naaman the Syrian — a great man, but a leper." " We shall not enter into a detail of this matter, which at present seems to admit of little controversy. It suffices to say that, after a long trial and the examination of above a hundred and fifty witnesses, the Commons found so little likelihood of obtaining a judicial sentence against Laud that they were obliged to have recourse to their legislative authority, and to pass an ordinance for taking away the life of this aged prelate. Notwithstanding the low condition into which the House of Peers was fallen, there appeared some intention of rejecting this ordinance ; and the popular leaders were again obliged to apply to the multitude, and to extinguish, by threats of new tumults, the small remains of liberty possessed by the upper House. Seven peers alone voted in this important question. The rest, either fi"om shame or fear, took care to absent themselves.*' Laud, who had behaved during his trial with spirit and vigor of genius, sank not under the horrors of his execu- tion ; but though he had usually professed himself appre- hensive of a violent death, he found all his fears to be dis- sipated before that superior courage by which he was animated. "No one," said he, "can be more willing to send me out of life than I am desirous to go." Even upon the scaffold, and during the intervals of his prayers, he was harassed and molested by Sir John Clotworthy, a zealot of the reigning sect, and a great leader in the lower House. This was the time he chose for examining the principlee of the dying prelate, and trepanning him into a confession that he trusted for his salvation to the merits of good works, not to the death of the Redeemer.*'* Having extricated himself from these theological toils, the archbishop laid his head on the block, and it was severed from his body at one blow." Those religious opinions for which he suffered con- tributed, no doubt, to the courage and constancy of his end. Sincere he undoubtedly was, and, however misguided, actu- ated by pious motives in all his pursuits ; and it is to be regretted that a man of such spirit, who conducted his en- terprises with so much warmth and industry, had not " Eushworth, vol. vi. p. 830. /n Wavwick n 169 «3 Kusliworth, Tol. vi, pp. 838, 839. « July 12, left. ' HISTORY OT- ENGLAND. 409 entertained more enlarged views, and embraced principles more favorable to the general happiness of society. The great and important advantage which the party- gained by Strafford's death may in some degree palliate the iniquity of the sentence pronounced against him. But the [ execution of this old, infirm prelate, who had so long re- ; mained an inoffensive prisoner, can be ascribed to nothing I but vengeance and bigotry in those severe religionists by | whom the Parliament was entirely governed. That he de- j served a better fate was not questioned by any reasonable man ; the degree of his merit, in other respects, was dis- puted. Some accused him of recommending slavish doc- trines, of promoting persecution, and of encouraging super- stition ; while others thought that his conduct in these three particulars would admit of apology and extenuation. That the letter of the law, as much as the most flaming court sermon, inculcates passive obedience-is apparent. And though the spirit of a limited government seems to require, in extraordinary cases, some mitigation of so rigorous a doc- trine, it must be confessed that the preceding genius of the English constitution had rendered. a mistake in this particu- lar very natural and excusable. To inflict death, at least, on those who depart from the exact line of truth in these . nice questions, so far from being favorable to national liberty, savors strongly of the spirit of tyranny and pro- scription. Toleration had hitherto been so little the principle of any Christian sect that even the Catholics, the remnant of the religion professed by their forefathers, could not obtain ■ from the English the least indulgence. This very House of Commons, in their famous remonstrance, took care to justify themselves, as from the highest imputation, from any inten- tion to relax the golden reins of discipline, as they called them, or to grant any toleration ; ** and the enemies of the Church were so fair from the beginning as not to lay claim to liberty of conscience, which they called a toleration for soul-murder. They openly challenged the superiority, and even menaced the Established Church with that persecution which they afterwards exercised against her with such severity. And if the question be considered in the view of policy, though a sect already formed and advanced may with good reason demand a toleration, what title had the Puritans to this indulgence, who were juat on the point of ^ Nalson, vol. ii- p 705. 410 HISTORY OP ENGLAND. separation from the Church, and whom, it might be hoped, some wholesome and legal severities would still retain in obedience ?^^ Whatever ridicule, to a philosophical mind, may be thi'own on pious ceremonies, it must be confessed that, during a very religious age, no institutions can be more ad- vantageous to the rude multitude, and tend more to mollify that fierce and gloomy spirit of devotion to which they are subject. Even the English Church, though it had retained - a share of popish ceremonies, may justly be thought too naked and unadorned, and still to approach too near the abstract and spiritual religion of the Puritans. Laud and his associates, by reviving a few primitive institutions of this nature, corrected the error of the first reformers, and presented to the affrightened and astonished mind some sen- sible, exterior observances which might occupy it during its religious exercises, and abate the violence of its disappointed efforts. The thought, no longer bent on that divine and mysterious essence so superior to the narrow capacities of mankind, was able, by means of the new model of devotion, to relax itself in the contemplation of pictures, postures, vestments, buildings.; and all the fine arts which minister to religion thereby received additional encouragement. The primate, it is true, conducted this scheme, not with the en- larged sentiments and cool reflection of a legislator, but with the intemperate zeal of a sectary ; and, by overlooking the circumstances of the times, served rather to inflame that re- ligious fury which he meant to repress. But this blemish is more to be regarded as a general imputation on the whole age than any particular failing of Laud's ; and it is sufficient for his vindication to observe that his errors were the most excusable of all those which prevailed during that zealous period. ^ See note [BB] at the end of the volume. HISTOEY OF ENGLAND. 411 CHAPTER LVIII. MONTEOsE'S TICTOEIES. THE NEW MODEL OP THE ARMY. BATTLE OP NASEBY. SUEKENDEE OP BEISTOL. THE WEST CONQUEEED BY PAIRFAX. DEFEAT OP MONT- EOSE. ECCLESIASTICAL APFAIES. KING GOES TO THE SCOTS AT NEWARK. END OF THE WAE. KING DELIV- EEED UP BY THE SCOTS. While the king's affairs declined in England, some events happened in Scotland which seemed to promise him a more prosperous issue of the quarrel. [1645.] Before the commencement of these civil dis- orders, the Earl of Montrose, a young nobleman of a distin- guished family, returning from his travels, had been intro- duced to the king, and had made an offer of his services ; but by the insinuations of the Marquis, afterwards Duke, of Hamilton, wlio possessed much of Charles's confidence, he had not been received with that distinction to which he thought himself justly entitled.^ Disgusted with this treat- ment, he had forwarded all the violence of the Covenanters ; and, agreeably to the natural ardor of his genius, he had em- ployed himself during the first Scottish insurrection with great zeal as well as success in levying and conducting their armies. Being commissioned by the Tables to wait upon the king while the royal army lay at Berwick, he was ,so gained by the civilities and caresses of that monarch that he thenceforth devoted himself entirely, though secretly, to' his service, and entered into a close correspondence with him. In the second insurrection, a great military command was intrusted to him by the Covenanters ; and he was the first that passed the Tweed, at the head of their troops, in the in- vasion of England. He found means, however, soon after to convey a letter to the king ; and by the infidelity of some; about that prince (Hamilton, as was suspected), a copy of this letter was sent to Leven, the Scottish general. Being accused of treachery and a correspondence with the enemy, Montrose openly avowed the letter, and asked the generals ' Nalsoii, lutr. p. 63. 412 HISTOEY OF ENGLAND. if they daved to call their sovereign an enemy ; and by his bold and magnanimous behavior he escaped the danger of an immediate prosecution. As he was now fully known to be of the royal party, he no longer concealed his principles ; and he endeavored to draw those who had entertained like sentiments into a bond of association for his master's ser- vice. Though thrown into prison for this enterprise,^ and detained some time, he was not discouraged, but still con- tinued, by his countenance and protection, to infuse spirit into the distressed royalists. Among other persons of dis- tinction who united themselves to him was Lord Napier, of Merchiston, son of the famous inventor of the logarithms, the person to whom the title of great man is more justly due than to any other whom his country ever produced. There was in Scotland another party who, professing equal attachment to the king's service, pretended only to differ with Montrose about the means of attaining the same end ; and of that party Duke Hamilton was the leader. This nobleman had cause to be extremely devoted to the king, not only by reason of the connection of blood, which united him to the royal family, but on account of the great confidence and favor with which he had ever been honored by his master. Being accused by Lord Rae, not without some appearance of probability, of a conspiracy against the king, Charles was so far from harboring suspicion against him that the very first time Hamilton came to court he received him into his bedchamber, and passed alone the night with him.' But such was the. duke's unhappy fate or conduct that he escaped not the imputation of treachery to his friend and sovereign ; and though he at last sacrificed his life in the king's service, his integrity and sincerity have not been thought by historians entirely free from blemish. Perhaps (and this is the more probable opinion) the subtleties and refinements of his conduct and his temporizing maxims, though accompanied with good in- tentions, have been the chief cause of a suspicion which lias never yet been either fully proved or refuted. As much as the bold and vivid spirit of Montrose prompted him to en- terprising measures, as much was the cautious temper of Hamilton inclined to such as were moderate and dilatory. 2 It is not improper to take notice of a mistake committed by Clarendon, much to tlie disadvantage oE tliis gallant nobleman— that lie offered the king, when his majesty was in Scotland, to assassinate Argyle. All the time the kinc was iu Scotland, Montrose was conHned to prison. — ilushworth, vol. vi. p. 980. ^ s Nalson, vol. ii. p. C83. HISTOEY OF ENGLAND, 413 While the former foretold that the Scottish Covenanters were secretly forming a union with the English Parliament, and inculcated the necessity of preventing them by some vigorous undertaking, the latter still insisted that every such attempt would precipitate them into measures to which, otherwise, they were not, perhaps, inclined. After the Scot- tish convention was summoned, without the king's author- ity, the former exclaimed that their intentions were now visible, and that, if some unexpected blow were not struck to dissipate them, they would arm the whole nation against the king; the latter maintained the possibility of outvoting the' disaffected party, and securing by peaceful means the allegiance of the kingdom.* Unhappily for the royal cause, Hamilton's representations met with more credit from the king and queen than those of Montrose ; and the Covenant- ers were allowed, without interruption, to pi'oceed in all their hostile measures. Monti'ose then hastened to Oxford, where his invectives against Hamilton's treachery, concur- ring with the general prepossession, and supported by the unfortunate event of his counsels, were entertained with universal approbation. Influenced by the clamor of his • party more than his own suspicions, Charles, as soon as Hamilton appeared, sent him prisoner to Pendennis Castle, in Cornwall. His brother, Laneric, who was also put under confinement, found means to make his escape and fly into Scotland. The king's ears were now opened to Montrose's coun- sels, who proposed none but the boldest and most daring, agreeably to the desperate state of the royal cause in Scot- land. Though the whole nation was subjected by the Cov- enanters, though great armies were kept on foot by them, and every place guarded by a vigilant administration, he undertook, by his own credit and that of the few friends who remained to the king, to raise such commotions as would soon oblige the malcontents to recall those forces which had so sensibly thrown the balance in favor of the Parliament.' Ifot discouraged with the defeat at Marston Moor, which rendered it impossible for him to draw any succor from England, he was content to stipulate with the Earl of Antrim, a nobleman of Ireland, for some supply of men from that country. And he himself, changing his dis- guises and passing through many dangers, arrived in Scot- » Clarendon, volMii. pp. 380, 381. EuslaworUi, vol. vl. p. 980. Wishart, cap. 2. " Wishart, cap. 3. 414 HISTORY OP ENGLAND, land, where he lay concealed in the borders of the High- lands, and secretly prepared the minds of his partisans for attempting some great enterprise.^ No sooner were the Irish landed, though not exceeding eleven hundred foot, very ill armed, than Montrose declared himself, and entered upon that scene of action which has rendered his name so celebrated. About eight hundred of the men of Athole flocked to his standard. Five hundred men more, who had been levied by the Covenanters, were persuaded to embrace the royal cause ; and with this com- bined force he hastened to attack Lord Elcho, who lay at Perth with an army of six thousand men, assembled upon the first news of the Irish invasion. Montrose, inferior in number, totally unpi-ovided with horse, ill supjilied with arms and ammunition, had nothing to depend on but the courage which he himself, by his own example and the rapidity of his enterprises, sliould inspire into his raw sol- diers. Plaving received the fire of the enemy, wliich was chiefly answered by a volley of stones, he rushed amid them with his sword drawn, thre-w them into confusion, ])ushed his advantage, and obtained a comulete victory, with the slaughter of two thousand of tlie Covenanters.' Tliis victory, though it augmented the renown of Mont- rose, increased not his power or numbers. The far greater part of the kingdom was extremely attached to the coven- ant, and such as bore an affection to the royal cause were terrified by the established authority of the opposite party. Dreading the superior power of Argyle, Avho, having joined his vassals to a force levied by the public, was approaching with a considerable army, Montrose hastened northwards, in order to rouse again the Marquis of Huntley and the Gor- dons, who, having before hastily taken arms, had been in- stantly suppressed by the Covenanters. He was joined on his march by the Earl of Airly, with his two younger sons, Sir Thomas and Sir David Ogilvy — the eldest was at that time prisoner with the enemy. He attacked at Aberdeen the Lord Burley, who commanded a force of two thousand five hundred men. After a sharp combat, by his undaunted courage, which in his situation was true policy, and was also not unaccompanied with military skill, he put the enemy to flight, and in the pursuit did great execution upon them.* « Clarendon, vol. v. p. CIS. Kushwortli, vol. vi. p. 982. Wishart, cap. 4. ' September 1, 1644. Knshwortli, vol. vi. p. 98:!. V^isliart, cap. 5. » September 11, 1614. Kushwortli, vol. vi. p. 983. WisUavt, cap. T. HISTORY OF ENGLAND. 415 But by this second advantage he obtained not the end which he expected. The envious nature of Huntley, jealous of Montrose's glory, rendered him averse to join an army where he himself must be so much eclipsed by the superior merit of the general. Argyle, reinforced by the Earl of Lothian, was behind him with a great army ; the militia of the northern counties, Murray, Ross, Caithness, to the num- ber of five thousand men, opposed him in front, and guarded the banks of the Spey, a deep and rapid river. In order to elude these numerous armies, he turned aside into the hills, and saved his weak but active troops in Badenoch. After some marches and counter-marches, Argyle came up with him at Faivy Castle. This nobleman's character, though celebrated for political courage and conduct, was very low for military prowess ; and after some skirmishes, in which he was worsted, he here allowed Montrose to escape him. By quick marches through these inaccessible mountains, that general freed himsielf from the superior forces of the Covenanters. Such was the situation of Montrose that very good or very ill fortune was equally destructive to him, and dimin- ished his army. After every victory, his soldiers, greedy of spoil, but deeming the smallest acquisition to be unex- hausted riches, deserted in great numbers, and went home to secure the treasure which they had acquired. Tired too, and spent with hasty and long marches in the depth of win- ter, through snowy mountains, unprovided with every neces- sary, they fell off, and left their general almost alone with the Irish, who, having no place to which they could retire, still adhered to him in every fortune. With these and some reinforcements of the Athole men and Macdonalds, whom he had recalled, Montrose fell sud- denly upon Argyle's country, and let loose upon it all the rage of war, caiTying off the cattle, burning the houses, and putting the inhabitants to the sword. This severity by which Montrose sullied his victories was the result of pri- vate animosity against the chieftain as much as of zeal for the public cause. Argyle, collecting three thousand men, marched in quest of the enemy, who had retired with their plunder ; and he lay at Innerlochy, supposing himself still at a considerable distance from them. The Earl of Seaforth, at the head of the garrison of Inverness, who were veteran soldiers, joined to five thousand new-levied troops of the northern counties, pressed the royalists on the other side, .416 HISTORY OF ENGLAND. and threatened them with inevitable destruction. By a quick and unexpected March, Montrose hastened to Inner- lochy, and presented himself in order of battle before the surprised but not affrightened Covenanters. Argylg alone, .seized with a panic, deserted his army, who still main tamed their ground, and gave battle to the royalists. After a vio'orous resistance, they were defeated and pursued with great slaughter.^ And the power of the Campbells— that is, Argyle's name — being thus broken, the Highlanders, who were in general well affected to the royal cause, began to join Montrose's camp in great numbers. Seaforth's army dispersed of itself, at the very terror of his name; and Lord Gordon, eldest son of Huntley, having escaped from his uncle Argyle, who had hitherto detained him, now joined Montrose, with no contemptible number of his follow- ers, attended by his brother, the Earl of Aboine. The council at Edinburgh, alarmed at Montrose's pro- gress, began to think of a more regular plan of defence against an enemy whose repeated victories had rendered him extremely formidable. They sent for Baillie, an officer of reputation from England ; and joining him in command with Urrey, who had again enlisted himself among the king's enemies, they sent them to the field with a considerable army against the royalists. Montrose, with a detachment of eight hundred men, had attacked Dundee, a town ex- tremely zealous for the covenant, and having carried it by assault, had delivered it up to be plundered by his soldiers ; when Baillie and Urrey, with their whole force, were unex- pectedly upon him.^" His conduct and presence of mind in this emergency apfieared conspicuous. Instantly he called off his soldiers from plunder, put them in order, secured his retreat by the most skilful measures ; and having marched sixty miles in the face of an enemy much superior, without stopping or allowing his soldiers the least sleep or refresh- ment, he at last secured himself in the mountains. Baillie and Urrey now divided their troops, in order the better to conduct the war against an enemy who surprised them as much by the rapidity of his marches as by the bold- ness of his enterprises. Urrey, at the head of four thou- sand men, met him at Alderne, near Inverness ; and encour- aged by the superiority of number (for the Covenanters were double the royalists), attacked him in the post which « Eushworth, vol. vi. p. 985. Wisliart, cap. 8. 10 KuBhwoi'tU, vol. vii. p. 2:i8. Wishart, cap. 9. HISTOEY OP ENGLAND. 417 he ha^ chosen. Montrose, having placed his right wing in strong ground, drew the best of his forces to the other, and left no main body between them — a defect which he art- fully concealed by showing a few men through the trees and bushes with which the ground was covered. That Urrey might have no leisure to perceive the stratagem, he in- stantly led his left wing to the charge ; and making a furi- ous impression upon the Covenanters, drove them off the field, and gained a complete victory." In this battle the valor of young ISTapier, son to the lord of that name, shone out with signal lustre. Baillie now advanced in order to revenge TJrrey's dis- comfiture ; but at Alford he met, himself, with a like fate.^^ Montrose, weak in cavalry, here lined his troops of horse with infantry ; and after putting the enemy's horse to rout, fell with united force upon their foot, who were entirely cut in pieces, though with the loss of the gallant Lord Gordon on the part of the royalists.^' And having thus prevailed in BO many battles which his vigor ever rendered as decisive as they were successful, he summoned together all his friends and partisans, and prepared himself for marching into the southern provinces, in order to put a final period to the power of the Covenanters, and dissipate the Parlia- ment which, with great pomp and solemnity, they had sum- moned to meet at St. Johnstone's. While the fire was thus kindled in the north of the island, it blazed out with no less fury in the south. The parliamentary and royal armies, as soon as the season would permit, prepared to take the field, in hopes of bringing their important quarrel to a quick decision. The passing of the self-denying ordinance had been protracted by so many de- bates and intrigues that the spring was far advanced before it received the sanction of both Houses ; and it was thought dangerous by many to introduce, so near the time of action, such great innovations into the army. Had not the punc- tilious principles of Essex engaged him, amid all the dis- gusts which he received, to pay implicit obedience to the Parliament, this alteration had pot been effected without some fatal accident, since, notwithstanding his prompt res- ignation of the command, a mutiny was generally appre- hended." Fairfax, or, more projjerly speaking, Cromwell, " Eushworth, Tol. vii. p. 229. Wishart, cap. 10. " July 2. •3 Rushworth, vol. vii. p. 229. Wishart, cap. 11. " Eushworth, vol. vii. pp. 126, 127. Vol. IV.— 27 418 HISTOET OF ENGLAND. under his name, introduced at last the new model into the army, and threw the troops into a different shape. From the same men, new regiments and new companies were formed, different officers appointed, and the whole military force put into such hands as the Independents could rely on. Besides members of Parliament who were excluded, many officers, unwilling to serve under the new generals, threw up their commissions, and unwarily facilitated the project of putting the army entirely into the hands of that faction. Though the discipline of the former parliamentary army was not contemptible, a more exact plan was introduced and rigorously executed by these new commanders. Valor indeed was very generally diffused over the one party as well as the other during this period ; discipline also was at- tained by the forces of the Parliament ; but the perfection of the military art in concerting the general plans of action and the operations of the field seems still, on both sides, to have been in a great measure wanting. Historians, at least, perhaps from their own ignorance and inexperience, have not remarked anything but a headlong, impetuous conduct ; each party hurrying to a battle, where valor and fortune chiefly determined the success. The great ornament of his- tory during these reigns, are the civil, not the military trans- actions. Never, surely, was a more singular army assembled than that which was now set on foot by the Parliament. To the greater number of the regiments chaplains were not ap- pointed. The officers assumed the spiritual duty, and united it with their military functions. During the intervals of action, they occupied themselves with sermons, prayers, ex- hortations ; and the same emulation there attended them which in the field is so necessary to support the honor of that profession. Rapturous ecstasies supplied the place of study and reflection ; and while the zealous devotees poured out their thoughts in unpremeditated harangues, they mis- took that eloquence which, to their own surprise as well as that of others, flowed in upon them for divine illumina- tions and for illapses of the Holy Spirit. Wherever they were quartered, they excluded the minister from his pulpit ; and, usurping his place, conveyed their sentiments to the audience with all the authority which followed their power, their valor, and their military exploits, united to their ap- pearing zeal and fervor. The private soldiers, seized with HISTOET OP ENGLAND. , 419 the snme spirit, employed their vacant hours in prayer, in perusing the Holy Scriptures, in ghostly conferences, where they compared the progress of their souls in grace, and mu- tually stimulated each other to further advances in the great work of their salvation. When they were marching to battle, the whole field resounded as well with psalms and sjiiritual songs adapted to the occasion as with the instru- ments of military music ; " and every man endeavored to drown the sense of present danger in the prospect of that crown of glory which was set before him. In so holy a cause, wounds were esteemed meritorious ; death, martyr- dom ; and the hurry and dangers of action, instead of ban- ishing their pious visions, rather served to impress their minds more strongly with them. The royalists were desirous of throwing a ridicule on this fanaticism of the parliamentary armies without being sensible how much reason they had to apprehend its dan- gerous consequences. The forces assembled by the king at Oxford in the west, and in other places, were equal, if not superior, in number to their adversaries, but actuated by a very different spirit. That license which had been intro- duced by want to pay had risen to a great height among them, and rendered them more formidable to their friends than to their enemies. Prince Ru])ert, negligent of the people, fond of the soldiery, had indulged the troops in un- warrantable liberties. Wilmot, a man of dissolute manners, had promoted the same spirit of disorder; and the licen- tious Goring, Gerrard, Sir Richard Granville, now carried it to a great pitch of enormity. In the west especially, where Goring commanded, universal spoil and havoc were committed ; and the whole country was laid waste by the rapine of the army. All distinction of parties being in a manner dropped, the most devoted friends of the Church and monarchy wished there for such success to the parlia^ mentary forces as might put an end to these oppressions. The country people, despoiled of their substance, flocked together in several places, armed with clubs and staves ; and, though they professed an enmity to the soldiers of both parties, their hatred was in most places levelled chiefly against the royalists, from whom they had met with the worst treatment. Many thousands of these tumultuary peasants were assembled in different parts of England, who " Dngdale, p. 7. Kushworth vol. vi, p. 281. 420 HISTOEY OP ENGLAND. destroyed all such straggling soldiers as they met with, and jnuch infested the armies." The disposition of the forces on both sides was as fol- lows : part of the Scottish army was employed in taking Pomfret and other towns in Yorkshire ; part of it besieged Carlisle, valiantly defended by Sir Thomas Glenham. Ches- ter, where Biron commanded, had long been blockaded by Sir William Brereton, and was reduced to great difficulties. The king, being joined by the Princes Rupert and Maurice, lay at Oxford with a considerable army, about fifteen thou- sand men. Fairfax and Cromwell were posted at Windsor with the new-modelled army, about twenty-two thousand men. Taunton, in the county of Somerset, defended by Blake, suffered a long siege from Sir Richard Granville, who commanded an army of about eight thousand men; and, though the defence had been obstinate, the garrison was now reduced to the last extremity. Goring com- manded, in the west, an army of nearly the same number.*' On opening the campaign, the king formed the project of relieving Chester; Fairfax, that of relieving Taunton. The king was first in motion. When he advanced to Draiton, in Shropshire, Biron met him, and brought intel- ligence that his approach had raised the siege, and that the parliamentary army had withdrawn. Fairfax, having reached Salisbury in his road westward, received orders from the committee of both kingdoms, appointed for the management of the war, to return and lay siege to Oxford, now exposed by the king's absence. He obeyed, after sending Colonel Weldon to the west with a detachment of four thousand men. On Weldon's approach, Granville, who imagined that Fairfax with his whole army was upon him, raised the siege and allowed this pertinacious town, now half taken and half burned, to receive relief ; but the royalists being reinforced with three thousand horse under Goring, again advanced to Taunton and shut up Weldon, with his small army, in that ruinous place.*^ The king, having effected his purpose with regard to Chester, returned southwards; and in his way sat down before Leicester, a garrison of the Parliament's. Having made a breach in the wall, he stormed the town on all sides ; and . after a furious assault, the soldiers entered i» Eushworth, vol. vli. pp. m, 61, 62. Whitlocke, pp. 130, 131 ]33 135 clar- endon, TOl. V. p. 665. " Eusliwoi-th, vol. vii nu 'is 19 ete^ i» Eusliwortb, vol. vii. p. 28 ^^ ' ' HISTOET OF ENGLAND. 421 sword in hand, and committed all those disorders to which their natural violence, especially when inflamed by resist- ance, is so much addicted.^' A great booty was taken and distributed among them ; fifteen hundred prisoners fell into the king's hands. This success, which struck a great terror into the parliamentary party, determined Fairfax to leave Oxford, which he was beginning to approach; and he marched towards the king with an intention of offering him battle. The king was advancing towards Oxford, in order to raise the siege, which he apprehended was now begun ; and both armies, ere they were aware, had ad- vanced within six miles of each other. A council of war was called by the king in order to deliberate concerning the measures which he should now pursue. On the one hand, it seemed more prudent to delay the combat, because Gerrard, who lay in Wales with three thousand men, might be enabled, in a little time, to join the army ; and Goring, it was hoped, would soon be master of Taunton ; and hav- ing put the west in full security, would then unite his forces to those of the king, and give him an incontestable superi- ority over the enemy. On the other hand, Prince Rupert, whose boiling ardor still pushed him on to battle, excited the impatient humor of the nobility and gentry, of which the army was full, and urged the many difiiculties under which the royalists labored, and from which nothing but a victory could relieve them. The resolution was taken to give battle to Fairfax, and the royal army immediately advanced upon him. At Naseby was fought, with forces nearly equal, this decisive and well-disputed action between the king and Parliament. The main body of the royalists was com- manded by the king himself ; the right wing by Prince Rupert ; the left by Sir Marmaduke Langdale. Fairfax, seconded by Skippon, placed himself in the main body of the opposite army ; Cromwell in the right wing ; Ireton, Cromwell's son-in-law, in the left. The charge was begun, with his usual celerity and usual success, by Prince Rufiort. Though Ireton made stout resistance, and, even after he was run through the thigh with a pike, still maintained the combat till he was taken prisoner, yet was that whole wing broken and pursued with precipitate fury by Rupert. He was even so inconsiderate as to lose time in summoning and attacking the artillery of the enemy, which had been left i» Clarendou, vol. v. p. 6B2. 422 HiSTOET or England. with a good guard of infantry. The king led on his main body, and displayed in this action all the conduct of a pru- dent general, and all the valor of a stout soldier.™ Fairfax and Skippon encountered him, and well supported that reputation which they had acquired. Skippon being dan- gerously wounded, was desired by Fairfax to leave the field ; but he declared that he would remain there as long as one man maintained his ground.''^ The infantry of the Parliament was broken, and pressed upon by the king, till Fairfax, with great presence of mind, brought up the reserve and renewed the combat. Meanwhile, Cromwell, having led on his troops to the attack of Langdale, overbore the force of the royalists, and by his prudence improved that advantage which he had gained by his valor. Having pursued the enemy about a quarter of a mile, and detached some troops to prevent their rallying, he turned back upon the king's infantry and threw them into the utmost con- fusion. One regiment alone preserved its order unbroken, though twice desperately assailed by Fairfax; and that general, excited by so steady a resistance, ordered Doyley, the captain of his lifeguard, to give them a third charge in front, while ho liiiriself attacked them in rear. The regi- ment was broken. Fairfax, with his own hands, killed an ensign, and, having seized the colors, gave them to a soldier to keep for him. The soldier, afterwards boasting that he had won this trophy, was reproved by Doyley, who had seen the action : " Let him retain that honor," said Fair- fax ; " I have to-day acquired enough besides." ^^ i Prince Rupert, sensible too late of his error, left the fruitless attack on the enemy's artillery and joined the king, whose infantry was now totally discomfited. Charles •exhorted this body of cavalry not to despair, and cried aloud to them, "One charge more and we recover the day ! " ^' But the disadvantages under which they labored were too evident, and they could by no means be induced to renew the combat. Charles was obliged to quit the field and leave the victory to the enemy.^* The slain on the side of the Parliament exceeded those on the side of the king. They lost a thousand men ; he not above eiglit hun- dred ; but Fairfax made five hundred officers prisoners, and four thousand private men, took all the king's artillery and 2» Wbitlocke, p. 146. ^' Kushwortti, vol. vii. p. 43. Wliitlocke p 143. !2 Wbitlooke, p. 145. ra Kushworth, vol. vii. v 44. « Clarendon, vol. Iv. pp. 666, 667. Walker, pp. 130, 131. HISTORY OF ENGLAND. 423 ammunition, and totally dissipated his infantry, so tliat scarce any victory could be more complete than that which he obtained. Among the other spoils was seized the king's cabinet, with the copies of his letters to the queen, which the Parlia- ment afterwards ordered to be published.''' They chose, no doubt, such of them as they thought would reflect dishonor on him ; yet, upon the whole, the letters are written with delicacy and tenderness, and give an advantageous idea both of the king's genius and morals. A mighty fondness, it is true, and attachment he expresses to his consort, and often professes that he never would embrace any measures which she disapproved; but such declarations of civility and confidence are not always to be taken in a full literal sense. And so legitimate an affection, avowed by the laws of God and man, may perhaps be excusable towards a woman of beauty and spirit, even though she was a Papist.^" The Athenians, having intercepted a letter written by their enemy, Philip of Macedon, to his wife Olympia, so far from being moved by a curiosity of prying into the secrets of that relation, immediately sent the letter to the queen un- opened. Philip was not their sovereign, nor were they in- flamed with that violent animosity against him which at- tends all civil commotions. After the battle, the king retreated with that body of horse which remained entire, first to Hereford, then to Abergavenny, and remained some time in Wales, from the vain hope of raising a body of infantry in those harassed and exhausted quarters.^-^airfax, having first retaken Lei- cester, which was surrendered upon articles, began to delib- erate concerning his future enterprises. A letter was brought him written by Goring to the king, and unfor- tunately intrusted to a spy of Fairfax's. Goring there in- formed the king that in three weeks he hoped to be master of Taunton, after which he would join his majesty with all the forces in the west ; and entreated him, in the mean- 25 Clarendon, vol. iv. p. 658. !" Hearne has published the following extract from a manuscript work of Sir Simon D'Ewes, who was no mean man in the parliamentary party : " On Thurs- day, the 30th and last day of this instant, June, 1625, 1 went to Whitehall, pur- posely to see the queen, which I did fully all the time she sat at dinner. I per- ceiv'd her to be a most absolute delicate lady, after I had exactly survey'd all the features of her face, much enlivened by her radiant and sparkling black eyes. Besides, her deportment among her women was so sweet and humble, aud her speech and looks to her other servants so mild and gi'acious, as I could not ab- stain from divers deep-fetched sighs, t« consider that she wanted the kuowledga of the true religion." See Preface to the Chronicle of Dunstable, p. £4. 424 HISTORY OF ENGLAND. while, to avoid coming to any general action. This letter, which, had it been safely delivered, had probably prevented the battle of Naseby, served now to direct the operations of Fairfax.^' After leaving a body of three thousand men to Pointz and Rossiter, with orders to attend the king's mo- tions, he marched immediately to the west, with a view of saving Taunton and suppressing the only considerable force which now remained to the royalists. In the beginning of the campaign, Charles, apprehensive of the event, had sent the Prince of Wales, then fifteen years of age, to the west, with the title of general, and had given orders, if he were pressed by the enemy, that he should make his escape into a foreign country and save one part of the royal family from the violence of the Parliament. Prince Rupert had thrown himself into Bristol with an in- tention of defending that important city. Goring com- manded the army before Taunton. On Fairfax's approach the siege of Taunton was raised ; and the royalists retired to Lamport, an open town in the county of Somerset. Fairfax attacked them in that post, beat them from it, killed about three hundred men, and took one thousand four hundred prisoners.^* After this ad- vantage he sat down before Bridgewater, a town esteemed strong and of great consequence in that country. When he .had entered the outer town by storm, Wyndham, the gov- pernor, who had retired into the inner, immediately capit- ulated and delivered up the place to Fairfax. The gar- rison, to the number of two thousand six hundred men, were made prisoners of war. Fairfax, having next taken Bath and Sherborne, resolved ' to lay siege to Bristol, and made great preparations for an ' enterprise which from the strength of the garrison and the reputation of Prince Rupert the governor, was deemed of the last importance. But, so precarious in most men is this quality of military courage, a poorer defence was not made by any town during the whole war ; and the general expec- tations were here extremely disappointed. No sooner had the parliamentary forces entered the lines by storm than the prince capitulated, and surrendered the city to Fairfax.^' A few days before, he had written a letter to the king, in which he undertook to defend the place for four months, if no mutiny obliged him to surrender it. Charles, who was 27 Rusliworth, vol. vii. p. 49. ^ llushworth, vol. vii. p. 65. '" Kushworth, vol. vii. p. 83. BISTORT OF ENGLAND, 425 forming schemes, and collecting forces for the relief of Bris- tol, was astonished at so unexpected an event, -which was little less fatal to his cause than the defeat at Naseby.^" Full of indignation, he instantly recalled all Prince Rupert's commissions and sent him a pass to go beyond sea.^^ The king's affairs now went fast to ruin in all quarters. The Scots, having made themselves masters of Carlisle,'^ after an obstinate siege marched southwards and laid siege to Hereford, but were obliged to raise it on the king's approach ; and this was the last glimpse of success which attended his arms. Having marched to the relief of Chester, which was anew besieged by the parliamentary forces under Colonel Jones, Pointz attacked his rear and forced him to give battle. While the fight was continued with great obstinacy, and victory seemed to incline to the royalists, Jones fell upon them from the other side and put them to rout, with the loss of six hundred slain and one thousand prisoners.'' The king, with the remains of his . broken army, fled to Newark and thence escaped to Oxford, where he shut himself up during the winter season. The news which he received from every quarter was no less fatal than those events which passed where he himself was present. Fairfax and Cromwell, after the surrender of Bristol, having divided their forces, the former marched westwards in order to complete the conquest of Devonshire and Cornwall ; the latter attacked the king's garrisons which lay to the east of Bristol. The Devizes were sur- rendered to Cromwell ; Berkeley Castle was taken by storm ; Winchester capitulated ; Basing House was entered sword in hand ; and all these middle counties of England were in a little time reduced to obedience under the Parlia^ ment. [1646.] The same rapid and uninterrupted success at- tended Fairfax. The parliamentary forces, elated by past victories, governed by the most rigid discipline, met with no equal opposition from troops dismayed by repeated de- feats and corrupted by licentious manners. After beating up the quarters of the royalists at Bovey-Tracey, Fairfax sat down before Dartmouth, and in a few days entered it by storm. Poudram Castle being taken by him and Exeter blockaded on all sides, Hopton, a man of merit, who now commanded the royalists, having advanced to the relief of a> Clarendon, toI. Iv. p. 690, Walker, p. 137. »' Clarendon, vol. iv. p. 095. " June 28. " Kushworth, TOl. vii. p. 117. 426 HISTORY OF ENGLAND. that town with an army of eight thousand men, met with the parliamentary army at Torrington, where he was de- feated, all his foot dispersed, and he himself, with his horse, obliged to retire into Cornwall. Fairfax followed him and vigorously pursued the victory. Having enclosed the roy- alists at Truro, he forced the whole army, consisting of five thousand men, chiefly cavalry, to surrender upon terms. The soldiers, delivering up their horses and arms, were allowed to disband, and received twenty shillings apiece to carry them to their respective abodes. Such of the officers as desired it had passes to retire beyond sea; the others, having promised never more to bear arms, paid compositions to the Parliament '* and procured their pardon.'^ And thus Fairfax, after taking Exeter, which completed the conquest of the west, marched with his victorious army to the centre of the kingdom and fixed his camp at Newbury. The Prince of Wales, in pursuance of the king's orders, retired to Scilly, thence to Jersey, whence he went to Paris, where he joined the queen, who had fled thither from Exeter at the time the Earl of Essex conducted the parliamentary army to the west. In the other parts of England, Hereford was taken by surprise. Chester surrendered. Lord Digby, who had at- tempted with one thousand two hundred horse to break into Scotland and join Montrose, was defeated at Sherburn, in Yorkshire, by Colonel Copley; his whole force was dis- persed, and he himself was obliged to fly, first to the Isle of Man, thence to Ireland. News, too, arrived that Montrose himself, after some more successes, was at last routed, and this only remaining hope of the royal party finally extin- guished. When Montrose descended into the southern counties, the Covenanters, assembling their whole force, met him with a numerous army and gave him battle, but without success, at Kilsyth.^" This was the most complete victory that Montrose ever obtained. The royalists put to the sword six thousand of their enemies, and left the Covenant- ers no remains of any army in Scotland. The whole king- dom was shaken with these repeated successes of Montrose ; and many noblemen who secretly favored the royal cause ^ These compositions were different, according to the demerits of the person j but by a vote of the House they could not be under two years' rent of the dellu- quent's estate.— Journal, August 11, 1648. Whitlocke, p. 160. 35 Kushworth, vol. v. ii. p. 108. »' August 15, 1645. HISTORY OP ENGLAND. 427 now declared openly for it when they saw a force able to support them. The Marquis of Douglas, the Earls of An- nandale and Hartficld, the Lords Fleming, Seton, Maderty, Carnegy, with many others, flocked to the royal standard. Edinhui'gh opened its gates and gave liberty to all the pris- oners there detained by the Covenanters. Among the rest was Lord Ogilvy, son of Airly, whose family had contrib- uted extremely to the victory gained at Kilsyth." David Lesley was detached from the army in England, and marched to the relief of his-distressed party in Scotland. Montrose advanced still farther to the south, allured by vain hopes both of rousing to arms the Earls of Hume, Traquaire, and Roxburgh, who had promised to join him, and of ob- taining from England some supply cf cavalry, in which he was deficient. By the negligence of his scouts, Lesley, at Phi'liphaugh in the Forest, surprised his army, much dimin- ished in numbers, from the desertion of the Highlanders, who had retired to the hills, according to custom, in order to secure their plunder. After a sharp conflict, where Mon- trose exerted great valor, his forces wore routed by Lesley's cavalry ; ^ and he himself was obliged to fly with his broken forces into the mountains, where he again prepared himself for new battles and new enterprises.^ The Covenantei-s used the victory with vigor. Their prisoners. Sir Robert Spctiswood (secretary of state, and son to the late primate). Sir Philip Nisbet, Sir William Rollo, Colonel Nathaniel Gordor, Andrew Guthry (son of the Bishop of Murray), William Murray (son of the Earl of Tullibardme), were condemned and executed. The sole crime imputed to the secretary was his delivering to Mon- trose the king's commission to be captain-general of Scot- land. Lord Ogilvy, who was again taken prisoner, would have undergone the same fate, had not his sister found means to procure his escape by changing clothes with him. For this instance of courage and dexterity she met with harsh usage. The clergy solicited the Parliament that more royalists might be executed, but could not obtain their re- quest.*" After all these repeated disasters which everywhere be- fell the royal party, there remained only one body of troops on which fortune could exercise her rigor. Lord Astley, " Kualiworth. vol. vii. pp. 230, 231. Wiehart, cap. 13. »8 September 13, 1645. so RusUwortli, TOl. vii. p. 231. '" Gatliry's Memoirs. Eusliworth, vol. vii. p. 232. 428 HISTORY OF ENGLAND. with a small army of three thousand men, chiefly cavalry, marching to Oxford in order to join the king, was rnet at Stowe by Colonel Morgan and entirely defeated, himself being taken prisoner. " You have done your work," said Astley to the parliamentary officers, " and may now go to play, unless you choose to fall out among yourselves." ^ The condition of the king during this whole winter was to the last degree disastrous and melancholy. As the dread of ills is commonly more oppressive than their real pres- ence, perhaps in no period of his life was he more justly the object of compassion. His vigor of mind, which, though it sometimes failed him in acting, never deserted him in his sufferings, was what alone supported him ; and he was de- termined, as he wrote to Lord Digby, if he could not live as a king, to die like a gentleman ; nor should any of his friends, he said, ever have reason to blush for the prince whom they had so unfortunately served.'" The murmurs of discontented officers, on the one hand, harassed their un- happy sovereign, while they overrated those services and sufferings which they now saw must forever go unre- warded." The affectionate duty, on the other hand, of his more generous friends, who respected his misfortunes and his virtues as much as his dignity, wrung his heart with a new sorrow, when he reflected that such disinterested at- tachment would so soon be exposed to the rigor of his im- placable enemies. Repeated attempts which he made for a peaceful and equitable accommodation with the Parliament served to no purpose but to convince them that the victory was entirely in their hands. They deigned not to make the least reply to several of his messages, in which he desired a passport for commissioners.** At last, after reproaching him with the blood spilled during the war, they told him that they were preparing bills for him, and his passing them would be the best pledge of his inclination towards peace ; in other words, he must yield at discretion." He desired a personal treaty, and offered to come to London upon receiv- ing a safe-conduct for himself and his attendants ; they ab- solutely refused him admittance, and issued orders for the " Rusliworth, vol. -vli. p. 141. It was the same Astley who. hefore he charged at the battle of Edgehill, made this short prayer : '• O Lord ! thou knowest how busy I must be this aay. If I forget thee, do not thou forget me.'" And, with that, rose up, and cried, " March on, boys ! "—Warwick, p. 229. There were cer- tainly much longer prayers said in the parliamentary army, but I doubt if there were so good a one. " Carte's Ormoud, vol. iii. No. 433. «» Walker, p. 147. « Bushworth, vol. vii. p. 215, etc. " Kushworth, vol. yii, pp 217, 219. Clarendon, vol, iv. p. 744. HISTOKY OF ENGLAND. 429 guarding, that is, the seizing, of his person in case he should attempt to visit them.^' A new incident which happened in Ireland served to inflame the minds of men and to increase those calumnies with which his enemies had so much loaded him and which he ever regarded as the most grievous part of his misfortunes. After the cessation with the Irish rebels, the king was , desirous of "concluding a final peace with them and obtain- ing their assistance in England ; and he gave authority to , Ormond, lord-lieutenant, to promise them an abrogation of all the penal laws enacted against Catholics, together with the suspension of Poining's statute with regard to some par- ticular bills which should be agreed on. Lord Herbert, created lEarl of Glamorgan (though his patent had not yet passed the seals), having occasion for his private affairs to go to Ireland, the king considered that this nobleman, being a Catholic, and allied to the best Irish families, might be of service. He also foresaw that further concession with re- gard to religion might probably be demanded by the big- oted Irish ; and that as these concessions, however neces- sary, would give great scandal to the Protestant zealots in his three kingdoms, it would be requisite both to conceal them during some time, and to preserve Ormond's character by giving private orders to Glamorgan to conclude and sign these articles. But as he had a better opinion of Glamor- fan's zeal and affection for his service than of his capacity, e enjoined him to communicate all his measures to Oiv mond ; and though the final conclusion of the treaty must be executed only in Glamorgan's own name, he was required to be directed in the steps towards it by the opinion of the lord-lieutenant. Glamorgan, bigoted to his religion and pas- sionate for the king's service, but guided in these pursuits by no manner of judgment or discretion, secretly, of him- self, without any communication with Ormond, concluded a peace with the council of Kilkenny, and agreed, in the king's name, that the Irish should enjoy all the churches of which they had ever been in possession since the commencement of their insurrection, on condition that they should assist the king in England with a body of ten thousand men. This transaction was discovered by accident. The titular Ai-ch- bishop of Tuam being killed by a sally of the garrison of Sligo, th rticles of the treaty were found among his bag- gage, and were immediately published everywhere, and cop- 's Eushworth, vol vH p 249. Clarendon, vol. iv p. 741. 430 HISTORY OF ENGLA.ND. ies of them sent over to the English Parliament." The lord-lieutenant and Lord Digby, foreseeing the clamor which would be raised against the king, committed Glamorgan to prison, charged him with treason for his temerity, and main- tained that he had acted altogether without any authority i from his master. The English Parliament, however, neglected ■not so favorable an opportunity of reviving the whole clamor W'ith regard to the king's favor of popery, and accused him of delivering over, in a manner, the whole kingdom of Ire- •land to that hated sect. The king told them "that the Earl .of Glamorgan, having made an offer to raise forces in the kingdom of Ireland and to conduct them into England for his majesty's service, had a commission to that purpose, and to that purpose only, and that he had no commrssjion at all to treat of anything else without the privity and direction of the lord-lieutenant, much less to capitulate anything con- cerning religion or any property belonging either to Church or laity."'*' Though this declaration seems agreeable to truth, it gave no satisfaction to the Parliament ; and some historians, even at present, when the ancient bigotry is some- what abated, are desirous of representing this very innocent transaction, in which the king was engaged by the most vio- lent necessity, as a stain on the memory of that unfortunate prince.^^ Having lost all hope of prevailing over the rigor of the Parliament either by arms or by treaty, the only resource which remained to the king was derived from the intestine dissensions, which ran very high among his enemies. Pres- byterians and Independents, even before their victory was fully completed, fell into contests about the division of the spoil, and their religious as well as civil disputes agitated the whole kingdom. The Parliament, though they had early abolished epis- copal authority, had not, during so long a time, substituted any other spiritual government in its place ; and their com- mittees of religion had hitherto assumed the whole ecclesi- astical jurisdiction ; but they now established, by an ordi- nance, the Presbyterian model in all its forms of congrega- tional, classical, provincial, and national assemblies. All the inhabitants of each parish were ordered to meet and choose elders, on whom, together with the minister, was bestowed the entire direction of all spiritual concerns with- *' Rushworth, vol. vii. p 239, « Birch, p 119 " See note [CC]at the end of the volume. HISTOET OF ENGLAND 431 in the congregation. A number of neigiiboring parishes, commonly between twelve and twenty, formed a classis ; and the court, which goveirned this division, was composed of all the ministers, together with two, three, or four elders chosen from each parish. The provincial assembly retained an inspection over several neighboring classes, and was com- posed entirely of clergymen. The national assembly was constituted in the same manner, and its authority extended over the whole kingdom. It is probable that the tyranny exercised by the Scottish clergy had given warning not to allow laymen a place in the provincial or national assemblies, lest the pobility and more considerable gentry, soliciting a Beat in these great ecclesiastical courts, should bestow a consideration upon them, and render them in the eyes of., the multitude a rival to the Parliament. In the inferior courts, the mixture of the laity might serve rather to temper^; the usual zeal of the elei'gy.™ But though the Presbyterians, by the establishment of parity among tfie ecclesiastics, were so far gratified, they were denied satisfaction in several other points on which they were extremely intent. The assembly of divines had voted Presbytery to be of divine right. The Parliament refused their assent to that decision." Selden, Whitlocke, and other political reasoners, assisted by the Independents, had pre- vailed in this important deliberation. They thought that, had the bigoted religionists been able to get their heavenly charter recognized, the presbyters would soon become more dangerous to the magistrate than had ever been the pre- latical clergy. These latter, while they claim to themselves a divine right, admitted of a like origin to civil authority ; . the former, challenging to their own order a celestial pedi- gree, derived the legislative power from a source no more dignified than the voluntary association of the people. Under color of keeping the sacraments from profanation, the clergy of all Christian sects had assumed what they call the power of the keys, or the right of f ulmmating excom- munication. The example of Scotland was a sufficient les- son for the Parliament to use precaution in guarding against so severe a tyranny. They determined, by a general ordi- nance, all the cases in which excommunication could be used. They allowed of appeals to Parliament from all ec- clesiastical courts. And they appointed commissioners in » Enshworth, vol. tH -p. 224. n Whitlocke, p. 106. Kushwortli. vol vii pp 260, 261. 432 HISTOKY OF ENGLAND. every province to judge of such cases as fell not within their general ordinance.^^ So much civil authority, intermixed with the ecclesiastical, gave disgust to all the zealots. But nothing was attended with more universal scandal than the propensity of many in the Parliament towards a toleration of the Protestant sectaries. The Presbyterians exclaimed that this indulgence made the Church of Christ resemble Noah's ark, and rendered it a receptacle for all unclean beasts. They insisted that the least of Christ's truths was superior to all political considerations.^' They maintained the eternal obligation imposed by the covenant to extirpate heresy and schism ; and they menaced all their opponents with the same rigid persecution under which they themselves had groaned when held in subjection by the hierarchy. So gi-eat prudence and reserve, in such material points, does great honor to the Parliament; and proves that, not- withstanding the prevalence of bigotry and fanaticism, there were many members who had more enlarged views, and paid regard to the civil interests of society. These men, uniting themselves to the entlmsiasts, whose genius is naturally averse to clerical usurpations, exercised so jealous an au- thority over the assembly of divines that they allowed them nothing but the liberty of tendering advice, and would not intrust them even with the power of electing their own chairman or his substitute, or of supplying the vacancies of their own members. While these disputes were canvassed by theologians, who engaged in their spiritual contests every order of the state, the king, though he entertained hopes of reaping advantage from those divisions, was much at a loss which side it would be most for his interest to comply with. The Presbyterians were, by their principles, the least avei-se to regal authority, but were rigidly bent on the extirpation of prelacy ; the Independents were resolute to lay the founda- tion of a republican government ; but as they pretended not to erect themselves into a national church, it might be hoped that, if gratified with a toleration, they would admit the re- establishment of the hierarchy. So great attachment had the king to episcopal jurisdiction that 'he was ever inclined to put it in balance even with his own power and kingly office. But whatever advantage he might hope to reap from the M Eusliwortli, vol. vii. p. 210. ra EusUworth, vol. vli. p. 308. mSTOET OP ENGLAND. 433 divisions in the parliamentary party, he was apprehensive lest it should come too late to save him from the destruction with which he was instantly threatened. Fairfax was ap- proaching with a powerful and victorious army, and was taking the proper measures for laying siege to Oxford, which must infallibly fall into his hands. To be taken captive and led in triumph by his insolent enemies was what Charles justly, abhorred, and every insult, if not violence, was to be dreaded from the enthusiastic soldiery, who hated his per- son and despised his dignity. In this desperate extremity, he embraced a measure which, in any other situation, might lie under the imputation of imprudence and indiscretion. , Montreville, the French minister, interested for the king more by the natural sentiments of humanity than any in- j structions from his court, which seemed rather to favor the Parliament, had solicited the Scottish generals and commis- sioners to give protection to their distressed sovereign ; and " having received many general professions and promises, he had always transmitted these, perhaps with some exaggera- tion, to the king. From his suggestions, Charles began to entertain thoughts of leaving Oxford, and flying to the Scot- tish army, which at that time lay before Newark." He - considered that the Sc6ttish nation had been fully gratified in all their demands ; and having already, in their own country, annihilated both episcopacy and regal authority, had no further concessions to exact from him. In all dis- putes which had passed about settling the terms of peace, the Scots, he heard, had still adhered to the milder side, and had endeavored to soften the rigor of the English Parlia- ment. Great disgusts, also on other accounts, had taken place between the nations ; and the Scots found that, in proportion as their assistance became less necessary, less value was put upon them. The progress of the Indepen- dents gave them great alarm, and they were scandalized to hear their beloved covenant spoken of, every day, with less regard and reverence. The refusal of a divine right to Pres- bytery, and the infringing of ecclesiastical discipline from political considerations, were, to them, the subject of much offence ; and the king hoped that, in their present disposi- tion, the sight of their native prince flying to them in this extremity of distress would rouse every spark of generosity in their bosom, and procure him their favor and protection. That he might the better conceal his intentions, orders " Clarendon, vol. iv. p. 750 ; vol. v. p- 16. Vol. IV.— 28 434 HISTOEY OF ENGLAND. were given at every gate at Oxford for allowing three per- sons to pass, and in the night the king, accompanied by none but Dr. Hudson and Mr. Ashburnham, went out at that gate which leads to London. He rode before a portmanteau, and called himself Ashburnham's servant. He passed through Henley, St. Alban's, and came so near to London as Har- row-on-the-Hill. He once entertained thoughts of entering into that city, and of throwing himself on the mercy of Par- liament. But at last, after passing through many cross- roads, he arrived at the Scottish camp before Newark.'^* The Parliament, hearing of his escape from Oxford, issued rigorous orders, and threatened with instant death whoever should harbor or conceal him.^° The Scottish generals and commissioners affected great surprise on the appearance of the king; and, though they paid him all the exterior respect due to liis dignity, they in- stantly set a guard upon him, under color of protection, and made him in reality a prisoner. They informed the Eng- lish Parliament of this unexpected incident, and assured them that they had entered into no private treaty with tho king. They applied to him for orders to Bellasis, Governor of Newark, to surrender that town, now reduced to extrem- ity, and the orders were instantly obeyed. And hearing that the Parliament laid claim to the entire disposal of the king's jDcrson, and that the English army was making some motions towards them, they thought proper to retire north- wards, and to fix their camp at Newcastle.^' This measure was very grateful to the king, and he be- gan to entertain hopes of protection from the Scots. He was particularly attentive to the behavior of their preachers, on whom all depended. It was the mode of that age to make the pulpit the scene of news, and on every great event, the whole Scripture was ransacked by the clergy for pas- sages applicable to the present occasion. The first minister who preached before the king chose these words for his text : " And, behold, all the men of Israel came to the king, and said unto him, Why have our brethren the men of Judah stolen thee away, and have brought the king, and liis house- hold, and all David's men with him, over Jordan ? And all the men of Judah answered the men of Israel, Because the king is near of kin to us ; wherefore then be ye angry for this matter ? have we eaten at all of the king's cost ? or hath w Kushworth, vol. vii. p. 2G7. i» Wbitlocke, p. 209. " Itusbworth, vol. vii. p. 271. Clarendon, vol. t. p. 23. HISTOET 01" ENGLAND. 435 he given us any gift? And the men of Israel answered the men of Judah, and said, We have ten parts in the king, and we have also more right in David than ye ; why tiien did ye despise us, that our advice should not be first had in bring- ing back our king ? And the words of the men of Judah were fiercer than the words of the men of Israel." ^^ But the king soon found that the happiness chiefly of the allu- sion had tempted the preacher to employ this text, and that the covenanting zealots were nowise pacified towards him. Another preacher, after reproaching him to his face with his misgovernment, ordered this psalm to be sung; " Why dost thou, tyrant, boast thyself, Thy wicked deeds to praise ?" The king stood up, and called for that psalm which begins with these words ; " Have mercy, Lord, on me, I pray, For men would me devour." The good-natured audience, in pity to fallen majesty, showed, for once, greater deference to the king than to the minister, and sang the psalm which the former had called for.^» Charles had very little reason to be pleased with his sit- uation. He not only found himself a prisoner very strictly guarded : all his friends were kept at a distance, and no in- tercourse, either by letters or conversation, was allowed him with any one on whom he could depend, or who was sus- pected of any attachment towai-ds him. The Scottish gen- erals would enter into no confidence with him, and still treated him with distant ceremony and feigned respect ; and every proposal which they made him tended further to his abasement and to his ruin.^" They required him to issue orders to Oxford and all his other garrisons, commanding their surrender to the Parlia- ment; and the king, sensible that their resistance was to very little purpose, willingly complied. The terms given to most of them were honorable ; and Fairfax, as far as lay in his power, was very exact in observing them. Far from al- lowing violence, he would not even permit insults or triumph over the unfortunate royalists ; and by his generous human- ity so cruel a civil war was ended, in appearance, very calmly between the parties. ES 2 Sam. xix. 41, 42, 43. See Clarendon, vol. v. pp. 23, 24. » Whitlocke, p. 234. ™ Clarendon, vol. v. p. 30. 436 HISTORY OF ENGLAND. Ormond, having received like, orders, delivered Dublin and other forts into the hands of the parliamentary oflScers. Montrose also, after having experienced still more variety of good and bad fortune, threw down his arms and retired out of the kingdom. The Mai-quis of "Worcester, a man past eighty-four, was the last in England that submitted to the authority of the Parliament. He defended Raglan Castle to extremity, and opened not its gates till the middle of August. Four years, a few days excepted, were now elapsed since the king first erected his standard at Nottingham.*^ So long had the British nations, by civil and religious quarrels, been occupied in shedding their own blood and laying waste their native country. The Parliament and the Scots laid their proposals before the king. They were such as a captive, entirely at mercy, could expect from the most inexorable' victor ; yet they were little worse than what were insisted on before the bat- tle of Naseby. The power of the sword, instead of ten, which the king now offered, was demanded for twenty years, together with a right to levy whatever money the Parlia- ment should think proper for the support of their armies. The other conditions were, in the main, the same with those which had formerly been offered to the king.°^ Charles said that proposals which introduced such im- portant innovations in the constitution demanded time for deliberation : the commissioners replied that he must give his answer in ten days.*" He desired to reason about the meaning and import of some terms ; they informed him. that they had no power of debate, and peremptorily required his consent or refusal. He requested a personal treaty with the Parliament ; they threatened that if he delayed compliance, the Parliament would by their own authority settle the na- tion. What the . Parliament was most intent upon was, not their treaty with the king, to whom they paid little regard, but that with the Scots. Two important points remained to be settled with that nation — their delivery of the king and the estimation of their arrears. The Scots might pretend that, as Charles was king of Scotland as well as of England, they were entitled to an equal vote in the disposal of his person ; and that, in such a «• Eushworth, Tol. vi. p. 293. B Kushworth, vol. yi. p. 309. »3 Bushworth, vol, vii p 319. HISTORY 01" ENGLAIfD. 437 case, where the titles are equal and the subject indivisible, the preference was due to the present possessor. The Eng- glish maintained that the king, being in England, was com- prehended within the jurisdiction of that kingdom, and could not be disposed of by any foreign nation. A delicate ques- tion this, and what surely could not be decided by precedent, since such a situation is not anywhere to be found in his- tory.^ As the Scots concurred with the English in imposing such severe conditions on the king that, notwithstanding his unfortunate situation, he still refused to accept of them, it is certain that they did not desire his freedom ; nor could they ever intend to join lenity and rigor together in so in- consistent a manner. Before the settlement of terms, the administration must be possessed entirely by the parliaments of both kingdoms; and how incompatible that scheme with the liberty of the king is easily imagined. To carry him a prisoner into Scotland, where few forces could be supported to guard him, was a measure so full of inconvenience and danger that, even if the English had consented to it, it must have appeared to the Scots themselves altogether ineligible ; and how could such a plan be supported in opposition to England, possessed of such numerous and victorious armies, which were at that time, at least seemed to be, in entire union with the Parliament ? The only expedient, it is obvious, which the Scots could embrace, if they scrupled wholly to abandon the king, was immediately to return, fully and cordially, to their allegiance ; and, uniting them- selves with the royalists in both kingdoms, endeavor, by force of arms, to reduce the English Parliament to more^ moderate conditions ; but, besides that this measure was full of extreme hazard, what was it but instantly to combine with their old enemies against their old friends, and, in a fit of romantic generosity, overturn what, with so much ex- pense of blood and treasure, they had, during the course of so many years, been so carefully erecting ? But, though all these reflections occurred to the Scottish commissioners, they resolved to prolong the dispute, and to keep the king as a pledge for those arrears which they claimed from England, and which they were not likely, in the present disposition of that nation, to obtain by any other expedient. The sum, by their account, amounted to near two millions, for they had received little regular pay M Eushworth, vol. tU. p. 339. 438 , HISTOET OF ENGLAND. since they had entered England. And, though the contri- butions which they had levied, as well as the price of their living at free quarters, must be deducted, yet still the sum ; which they insisted on was very considerable. After many discussions, it was at last agreed that, in lieu of all demands, they should accept of four hundred thousand pounds, one half to be paid instantly, another in two subsequent pay- ments."* Great pains were taken by the Scots (and the English complied with their pretended delicacy) to make this estimation and payment of arrears appear a quite different transaction from tliat for the delivery of the king's person ; but common-sense requires that they should be regarded as one and the same. The English, it is evident, had they not been previously assured of receiving the king, would never have parted with so considerable a sum, and, while they weakened themselves by the same measure, have strength- ened a people with whom they must afterwards have so material an interest to discuss. Thus the Scottish nation underwent, and still undergo (for such grievous stains are not easily wiped off), tbe reproach of selling their king and betraying their prince for money. In vain did they maintain that this money was, on account of former services, undoubtedly their due ; that in their present situation no other measure, without the ut- most indiscretion or even their apparent ruin, could be em- braced ; and that, though they delivered their king into the hands of his open enemies, they were themselves as much his open enemies as those to whom they surrendered him, and their common hatred against him had long united the two parties in strict alliance with each other. They were still answered that they made use of this scandalous ex- pedient for obtaining their wages-; and that after taking arms without any provocation against their sovereign, who had ever loved and cherished them, they had deservedly fallen into a situation from which they could not extricate themselves without either infamy or imprudence. The infamy of this bargain had such an influence on the Scottish Parliament that they once voted that the king should be protected and his liberty insisted on. But the general assembly interposed, and pronounced that as he had refused to take the covenant, which was pressed on him, it became not the godly to concern themselves about his for- »* Eushworth, vol. vii. p. 326, Parliamentary History, vol. xv. p. 236. HISTORY OF ENGLAND. 439 tunes. After this declaration, it behooved the Parliament to retract their vote.^° Intelligence concerning the final resolution of the Scot- tish nation to surrender him was brought to the king; and he happened at that very time to be playing at chess."' Such command of temper did he possess that he continued his game without interruption ; and none of the bystanders could perceive that the letter which he perused had brought him news of any consequence. The English commissioners, who, some days after, came to take him under their custody, were admitted to kiss his hands ; and he received them with the same grace and cheerfulness as if they had travelled on no other errand than to pay court to him. The old Earl of Pembroke, in particular, who was one of them, he con- gratulated on his strength and vigor that he was still able, during such a season, to perform so long a journey in com- pany with so many young people. [1647.] The king, being delivered over by the Scots to the English commissioners, was conducted under a guard to Holdenby, in the county of Northampton. On his journey, "^ the whole country flocked to behold him, moved partly by i curiosity, partly by compassion and affection. If any still retained rancor against him in his present condition, they passed in silence ; while his well-wishers, more generous than prudent, accompanied his march with tears, with acclamations, and with prayers for his safety.*' That an- cient superstition likewise of desiring the king's touch in scrofulous distempers seemed to acquire fresh credit among the people, from the general tenderness which began to pre- vail for this virtuous and unhappy monarch. The commissioners rendered his confinement at Holden- by very rigorous — dismissing his ancient servants, debarring him from visits, and cutting off all communication with his friends or family. The Parliament, though earnestly applied to by the king, refused to allow his chaplains to attend him, because they had not taken the covenant. The king re- fused to assist at the service exercised according to the dii-ectory, because he had not as yet given his consent to that mode of worship."' Such religious zeal prevailed on both sides ! and such was the unhappy and distracted con- dition to which it had reduced king and people ! ™ Parliamentary History, vol. xv. pp. 243, 244. <" Burnet's Memoirs of the Hamiltons. «' Ludlow. Herbert. ^ Clarendon, vol. v. p. 39. Warwick, p. 298. 440 ■ HISTOET OF ENGLAND. During the time that the king remained in the Scottish army at Newcastle died the Earl of Essex, the discarded, but still powerful and popular, general of the Parliament. His death in this conjuncture was a public misfortune. Fully sensible of the excesses to which affairs had been carried, and of the worse consequences which were still to be apprehended, he had resolved to conclude a peace, and to remedy, as far as possible, all those ills to which, from mistake rather than any bad intentions, he had himself so much contributed. The Presbyterian, or the moderate, party among the Commons found themselves considerably weakened by his death ; and the small remains of authority which still adhered to the House of Peers were in a mannc- wholly extinguished.'" " Clarendon, vol. t. p. 43. HISTOEY OP ENGLAND. 441 CHAPTER LIX. MUTINY OF THE AEMT. — THE KING SEIZED BY JOYCE. — THE AEMY MAECH AGAINST THE PAELIAMENT. THE AEMY SUBDUE THE PAELIAMEl^T. THE KING ELIES TO THE ISLE OF WIGHT. SECOND CIVIL WAE. INVASION FEOM SCOTLAND. THE TEEATY OP NEWPOET. THE CIVIL WAE AND INVASION EEPEESSED. THE KING SEIZED AGAIN BY THE AEMY. THE HOUSE PUEGED. THE KING's TEIAL AND EXECUTION ^AND CHAEACTEE. The dominion of the Parliament was of short duration. "No sooner had they suhdued their sovereign than their'^l own servants rose against them, and tumbled them from ■ their slippery throne. [1647.] The sacred boundaries of~4 the laws being once violated, nothing remained to confine the wild projects of zeal and ambition. And every suc- cessive revolution became a precedent for that which fol- lowed it. In proportion as the terror of the king's power dimin- ished, the division between Independents and Presbyterians became every day more apparent ; and the neutrals found it at last requisite to seek shelter in one or the other faction. Many new writs were issued for elections in the room of members who had died, or were disqualified by adhering—, to the king ; yet still the Presbyterians retained the supe- riority among the Commons ; and all the Peers, except ~ Lord Say, were esteemed of that party. The Independ- ents, to whom the inferior sectaries adhered, predominated in the army ; and the troops of the new model were univer- sally infected with that enthusiastic spirit. To their assist- ance did the Independent party among the Commons chiefly trust in their projects for acquiring the ascendant over their antagonists. Soon after the retreat of the Scots, the Presbyterians, seeing everything reduced to obedience, began to talk of , diminishing the army ; and, on pretence of easing the public burdens, they levelled a deadly blow at the opposite fac- tion. They purposed to embark a strong detachment under 442 HISTORY OF ENGLAND. Skippon and Massey for the service of Ireland ; they openly declared their intention of making a great reduction of the remainder.^ It was even imagined that another new model of the army was projected, in order to regain the Presbyte- rians that superiority which they had so imprudently lost by the former.^ The army had small inclination to the service of Ireland — a country barbarous, uncultivated, and laid waste by massacres and civil commotions ; they had less inclination to disband and to renounce that pay which, having earned it through fatigues and dangers, they now proposed to en- joy in ease and tranquillity. And most of the officers, hav- ing risen from the dregs of the people, had no other pros- pect, if deprived of their commission, than that of returning to languish in their native poverty and obscurity. These motives of interest acquired additional influence, and became more dangerous to the Parliament from the re- ligious spirit by which the army was universally actuated. Among the generality of men educated in regular civilized societies, the sentiments of shame, duty, honor, have con- siderable authority, and serve to counterbalance and direct the motives derived from private advantage ; but by the predominancy of enthusiasm among the parliamentary forces these salutary principles lost their credit, and were regarded as mere human inventions, yea, moral institutions, fitter for heathens than for Christians.' The saint, resigned over to superior guidance, was at full liberty to gratify all his ap- petites, disguised under the appearance of pious zeal. And, besides the strange corruptions engendered by this spirit, it eluded and loosened all the ties of morality, and gave en- tire scope, and even sanction, to the selfishness and ambi- tion which naturally adhere to the human mind. The military confessors were further encouraged in dis- obedience to superiors by that spiritual pride to which a mistaken piety is so subject. They were not, they said, mere janizaries, mercenary troops enlisted for hire, and to be disposed of at the will of their paymasters.* Religion and liberty were the motives which had excited them to arms ; and they had a superior right to see those blessings which they had purchased with their blood insured to future 1 Fourteen thousand men were only intended to be kept up— six thousand uorse, SIX thousand foot, and two tliousand dragoons.— Bales J Hushworth, vol. vii. p. 664. s Kushwoith, vol. vi. p. 134. * Busbworth, vol. vu. p. 565. ^ HISTORY OF ENGLAND. 443 generations. By the same title that the Presbyterians, in contradistinotion to the royalists, had appropriated to them- selves the epithet of godly or the well-affected,^ the Inde- pendents did now, in contradistinction to the Presbyterians, assume this magnificent appellation, and arrogate all the as- cendant which naturally belongs to it. Hearing of parties in the House of Commons, and being informed that the minority were friends to the army, the majority enemies, the troops naturally interested themselves in that dangerous distinction, and were eager to give the superiority to their partisans. Whatever hardships they underwent, though perhaps derived from inevitable neces- sity, were ascribed to a settled design of oppressing them, and resented as an effect of the animosity and malice of their adversaries. Notwithstanding the great revenue which accrued from taxes, assessments, sequestrations, and compositions, consid- erable arrears were due to the army ; and many of the pri- vate men, as well as officers, had near a twelvemonth's pay still owing them. The army suspected that this deficiency was purposely contrived in order to oblige them to live at free quarters, and, by rendering them odious to the country, serve as a pretence for disbanding them. When they saw, such members as were employed in committees and civil offices accumulate fortunes, they accused them of rapine and public plunder. And as no plan was pointed out by the Com- mons for the payment of arrears, the soldiers dreaded that, after they should be disbanded or embarked for Ireland, their enemies, who predominated in the two Houses, would entirely defraud them of their right, and oppress them with impunity. On this ground or pretence did the first commotions be- gin in the army. A petition addressed to Fairfax, the gen- eral, was handed about, craving an indemnity, and that rat- ified by the king, for any illegal actions of which, during the course of the war, the soldiers might have been guilty ; together with satisfaction in arrears, freedom from pressing, relief of widows and maimed soldiers, and pay till dis- banded.^ The Commons, aware of what combustible ma- terials the army was composed, were alarmed at this intel- ligence. Such a combination, they knew, if not checked in its first appearance, must be attended with the most dan» gerous consequences, and must soon exalt the military above « Eushworth, vol. vii. p. 474. « Parliamentary Hist. vol. xv. p. 342. 444 HISTORY OF ENGLAND. the civil authority. Besides summoning some oiEcers to answer for this attempt, they immediately voted_ that the petition tended to introduce mutiny, to put conditions upon the Parliament, and to obstruct the relief of Ireland ; _ and they threatened to proceed against the promoters of it as enemies to the state and disturbers of public peace.' This declaration, which may be deemed violent, especially as the army had some ground for complaint, produced fatal ef- fects. The soldiers lamented that they were deprived of the privileges of Englishmen ; that they were not allowed so much as to represent their grievances ; that while peti- tions from Essex and other places were openly encouraged against the army, their mouths were stopped ; and that they, :who were the authors of liberty to the nation, were re- duced by a faction in Parliament to the most grievous ser- vitude. In this disposition was the army found by "Warwick, Dacres, Massey, and other commissioners who were sent to make them proposals for entering into the service of Ire- land.' Instead of enlisting, the generality objected to the terms, demanded an indemnity, were clamorous for their arrears; and though they expressed no dissatisfaction against Skippon, who was appointed commander, they dis- covered much stronger inclination to serve under Fairfax and Cromwell.* Some officers who were of the Presbyte- rian party, having entered into engagements for this ser- vice, could prevail on very few of the soldiers to enlist under them. And as these officers lay all under the grievous re- proach of deserting the army and betraying the interests of their companions, the rest were further confirmed in that confederacy which they had secretly formed.^" To petition and remonstrate being the most cautious method of conducting a confederacy, an application to Parliament was signed by near two hundred officers, in which they made their apology with a very imperious air, asserted their right of petitioning, and complained of that imputation thrown upon them by the former declaration of the lower House.^^ The private men, likewise, of some regiments sent a letter to Skippon, in which, together with insisting on the same topics, they lament that designs were formed against them and many of the godly party in the ^ Parliamentary Hist. vol. xv. p. 344. 8 Eusliworth, vol. vii. p. 457. » Enshworth, vol. vii. p. 468. » Kunhwoith, vol. vii. pp. 461, 556. u Eushworth, vol. vii. p. 468. HISTOET OP ENGLAND. 445 kingdom, and declare that they could not engage for Ireland till they were satisfied in their expectations, and had their just desires granted.''^ The army, in a word, felt their power and resolved to be masters. The Parliament, too, resolved, if possible, to preserve their dominion ; but, being destitute of power, and not re- taining much authority, it was not easy for them to employ any expedient which could contribute to their purpose. The expedient which they now made use of was the worst imaginable. They sent Skippon, Cromwell, Ireton, and Fleet- wood to the headquarters at Saffron Walden, in Essex ; and empowered them to made offers to the army, and inquire into the cause of its distempers. These very generals, at least the three last, were secretly the authors of all the discon-^ tents, and failed not to foment those disorders which they pretended to appease. By their suggestion, a measure was embraced which at once brought matters to extremity, and rendered the mutiny incurable. In opposition to the Parliament at Westminster, a mili- tary Par]jament~ was formed. Together with a council of the principal officers, which was appointed after the model of the House of Peers, a more free representative of the army was composed by the election of two private men or inferior officers, under the title of agitators, from each troop or company." By this means both the general humor of that time was gratified, intent on plans of im- aginary republics, and an easy method contrived for con-i ducting underhand, and propagating, the sedition of the army. This terrible court, when assembled, having first de- clared that they found no distempers in the army, but many grievanees under which it labored, immediately voted the offers of the Parliament unsatisfactory. Eight weeks' pay klone, they said, was promised — a small part of fifty-rsix weeks', which they claimed as their due. No visible secur- ity was given for the remainder ; and having been declared public enemies by the Commons, they might hereafter be prosecuted as such, unless the declaration were recalled." Before matters came to this height, Cromwell had posted up to London, on pretence of laying before the Parliament the rising discontents of the army. 12 Bushworth, vol. vii. p. 474. " Rush worth, vol, vii. p. 485. Clarendon, vol. v. p. 43, 14 Eushworth, vol. vii. pp. 497, 505. Whitloelte, p. 250. 446 HISTORY OF ENGLAND. The Parliament made one vigorous effort more to try the force of their authority : they voted that all the troops which did not engage for Ireland should instantly be dis- banded in their quarters." At the same time the council of the army ordered a general rendezvous of all the regi- ments, in order to provide for their common interests. And while they thus prepared themselves for opposition to the Parliament they struck a blow which at once decided the victory in their favor. A party of five hundred hor-se appeared at Holdenby, conducted by one Joyce, who had once been a tailor by pro- fession, but was now advanced to the rank of cornet, and was an active agitator in the army. Without being opposed by the guard, whose affections were all on their side, Joyce came into the king's presence armed with pistols, and told him that he must immediately go along with him. " Whither ?" said the king. " To the army," replied Joyce. " By what warrant?" asked the king. Joyce pointed to the soldiers whom he brought along, tall, handsome, and well accou- tred. "Your warrant," said Charles, smiling, "is written in fair characters, legible without spelling." ^* The parlia- mentary commissioners came into the room. They asked Joyce whether he had any orders from the Parliament. He said, "No." From the general ? "No." By what author- ity he came ? He made the same reply as to the king. " They would write," they said, " to the Parliament to know their pleasure." " You may do so," replied Joyce, " but in the meantime the king must immediately go with me." Re- sistance was vain. The king, after protracting the time as long as he could, went into his coach, and was safely eon- ducted to the army, who were hastening to their rendezvous at Triplo Heath, near Cambridge. The Parliament, in- formed of this event by their commissioners, were thrown inl^o the utmost consternation." Fairfax himself was no less surprised at the king's arrival. That bold measure executed by Joyce had never been com- municated to the general. The orders were entirely verbal, and nobody avowed them. And while every one affected astonishment at the enterprise, Cromwell, by whose counsel it had been directed, arrived from London and put an end to their deliberations. This artful and audacious conspirator had conducted J" Rusliworth, Tol. vii. p. 487. i» Wliitlocke, p. 254. Warwick, p. 299. " KuBlJWOrth, vol. vii. pp. 514, 615. Clarendon, vol. v. p. 47. HISTORY OF ENGLAND. 447 himself in the Parliament with such profound dissimulation, with such refined hypocrisy, that he had lonp: deceived those who, being themselves very dexterous practitioners in the same arts, should naturally have entertained the more suspi- cion against others. At every intelligence of disorders in the army he was moved to the highest pitch of grief and of anger. He wept bitterly ; he lamented the misfortunes of his country ; he advised every violent measure for suppress- ing the mutiny ; and by these precipitate counsels at once seemed to evince his own sincerity and inflamed those dis- contents of which he intended to make advantage. He obtested heaven and earth that his devoted attachment to the Parliament had rendered him so odious in the army that his life while among them was in the utmost danger, and he had very narrowly escaped a conspiracy formed to assassinate him. But information being brought that the most active oflicers and agitators were entirely his creatures, the parliamentary leaders secretly resolved that next day, when he should come to the House, an accusation should be entered against him and he should be sent to the Tower.^* Cromwell, who in the conduct of his desperate enterprises,' frequently approached to the very brink of destruction, knew how to make the requisite turn with proper dexterity and boldness. Being informed of this design, he hastened' to the camp, where he was received with acclamations, and was instantly invested with the supreme command, both of general and army. Fairfax, having neither talents himself for cabal, nor penetration to discover the cabals of others, had given his entire confidence to Cromwell, who by the best colored pre- tences, and by the appearance of an open sincerity and a scrupulous conscience, imposed on the easy nature of this brave and virtuous man. The council of oflicers and the ' agitators were moved altogether by Cromwell's direction, and conveyed his will to the whole army. By his profound and artful conduct he had now attained a situation where he could cover his enterprises from public view ; and, seem- ing either to obey the commands of his superior officer or yield to the movements of the soldiers, could secretly pave the way for his future greatness. While the disorders of i the army were yet in their infancy he kept at a distance, ' lest his counterfeit aversion might throw a damp upon them, or his secret encouragement beget suspicion in the Parlia- i> Clarendon, vol. v. p. 46. 448 HISTOET OF ENGLAND. ment. As soon as they came to maturity he openly joined the troops, and in the critical moment struck that important blow of seizing the king's person, and depriving the Parlia^ ment of any resource of an accommodation with him. Though one visor fell off, another still remained to cover his natural countenance. Where delay was requisite, he would employ the most indefatigable patience ; where celerity was necessary, he flew to a decision. And by thus uniting in his person the most opposite talents, he was enabled to combine the most contrary interests in a subserviency to , his secret purposes. The Parliament, though at present defenceless, was pos- sessed of many resources, and time might easily enable them to resist that violence with which they were threatened. Without further deliberation, therefore, Cromwell advanced the army upon them, and arrived in a few days at St. Alban's. Nothing could be more popular than this hostility which the army commenced against the Parliament. As much as that assembly was once the idol of the nation, as much was it now become the object of general hatred and aversion. The self-denying ordinance had no longer been put in execution than till Essex, Manchester, Waller, and the other ofiicers of that party had resigned their commissions; im- mediately after it was laid aside by tacit consent, and the members, sharing all offices of power and profit among them, proceeded with impunity in exercising acts of oppression on the helpless nation. Though the necessity of their situation might serve as an apology for many of their measures, the people, not accustomed to such a species of government, were not disposed to make the requisite allowances. A small supply of one hundred thousand pounds a year could never be obtained by former kings from the jealous humor of parliaments ; and the English, of all nations in Europe, were the least accustomed to taxes. But this Par- liament, from the commencement of the war, according to some computations, had levied in five years above forty millions," yet were loaded with debts and encumbrances which, during that age, were regarded as prodigious. If >» Clement Walker's History of tlie Two Juntos, prefixed to his History of In- dependency, p. 8. Tliis is an author of spirit and Ingenuity, and, heing a zeal- ous parliamentarian, his authority is very considerahle, notwithstanding the aip of satire which prevails in his writings. This computation, however, seems much too large, especially as the sequestrations during the time o£ war could not be so considerable as afterwards. HISTORY OF ENGLAND. 449 these computations should be thought much exaggerated, as they probably are,^" the taxes atid impositions were certainly far higher than in any former state of the English govern- ment ; and such popular exaggerations are, at least, a proof of , popular discontents. But the disposal of this money was no less the object of general complaint against the Parliament than the levying of it. The sum of three hundred thousand pounds they openly took, it is afiirmed,^^ and divided among their own members. The committees to whom the management of the different branches of revenue was intrusted never brought in their accounts, and had unlimited j)ower of se- creting whatever sums they pleased from the public treas- ure.^'' These branches were needlessly multiplied, in order to render the revenue more intricate, to share the advantages among greater numbers, and to conceal the frauds of which they were universally suspected.^* The method of keeping accounts practised in the ex- chequer was confessedly the exactest, the most ancient, the best known, and the least liable to fraud. The exchequer was, for that reason, abolished, and the revenue put under the management of a committee, who were subject to no control.''* The excise was an odious tax, formerly unknown to the nation, and was now extended over provisions and the com- mon necessaries of life. Near one half of the goods and chattels, and at least one half of the lands, rents, and rev- enues, of the kingdom had been sequestered. To great numbers of royalists all redress from these sequestrations "was refused ; to the rest the remedy could be obtained only by paying large compositions and subscribing the covenant, which they abhorred. Besides pitying the ruin and desola- tion of so many ancient and honorable families, indifferent spectators could not but blame the hardship of punishing, with such severity, actions which the law, in its usual and most undisputed interjjretation, strictly required of every subject. The severities, too, exercised against the episcopal clergy naturally affected the royalists, and even all men of candor, in a sensible manner. By the most moderate computation ^ 20 Yet the same sum precisely is assigned in another book, caUed Royal Treas- ury of England, p. 297. 21 Clement Walker's History of Independency, pp. 3, 166. 22 Clement Walker's History of Independency, p. 8. 23 ibid. m Ibid. 20 See John Walker's Attempt towards Kecovering an Account oE the Num- Vol. IV.— 29 450 HISTORY OF ENGLAND. ; it appears that above one half of the established clergy had been turned out to beggary and want, for no other crime than their adhering to the civil and religious principles in which they had been educated, and for their attachment to those laws under whose countenance they had at first em- braced that profession. To renounce episcopacy and the liturgy, and to subscribe the covenant, were the only terms which could save them from so rigorous a fate ; and if the least mark of malignancy, as it was called, or affection to the king, who so entirely loved them, had ever escaped their lips, even this hard choice was not permitted. The sacred character which gives the priesthood such authority over mankind, becoming more venerable from the sufferings en- dured for the sake of principle by these distressed royalists, aggravated the general indignation, against their perse- cutors. But what excited the most universal complaint was the unlimited tyranny and despotic rule of the country com- mittees. During the war the discretionary power of these courts was excused from the plea of necessity, but the na- tion was reduced to despair when it saw neither end put to their duration nor bounds to their authority. These could sequester, fine, imprison, and corporally punish, without law or remedy. They interposed in questions of private prop- erty. Under color of malignancy, they exercised ven- geance against their private enemies. To the obnoxious, and sometimes to the innocent, they sold their protection. And instead of one Star-chamber, which had been abolished, a great number were anew erected, fortified with better pre- tences, and armed with more unlimited authority .^° Could anything have increased the indignation against that slavery into which the nation, from the too eager pur- suit of liberty, had fallen, it must have been the reflection on the pretences by wliich the people had so long been deluded. The sanctified hypocrites, who called their op- pressions the spoiling of the Egyptians, and their rigid severity the dominion of the elect, interlarded all their ini- bers and Sufferings of tlie Clergy. The Parliament pretended to leave the sequestered ,clergy a fifth of their revenue ; but this author makes it suthciently appear that this provision, small as it is, was never regularly paid the elected clergy. 2« Clement Wallcer's History of Independency, p. 5. Hollis gives the same represenlatiou as Walker of the plundering, oppressions, and tyranjiyot the Par- liament ; only, instead of laying the fault on both parties, as Walker does he ascribes it solely to the Independent faction. The Presbyterians, Indeed being commonly denominated the mnderate partv, would probably be more inotlensive gee Hushworth, vol. vii. p. -WS, and Parliamentary History, vol. XV p 230 HISTORY OF ENGLAND. 451 qiiities with long and fervent prayers, saved themselves from blushing by their pious grimaces, and exercised, in the name of the Lord, all their cruelty on men. An undisguised violence could be forgiven ; but such a mockery of the un- derstanding, such an abuse of religion, were, with men of penetration, objects of peculiar resentment. The Parliament, conscious of their decay in popularity, seeing a formidable armed force advance upon them, were reduced to despair, and found all their resources much in- ferior to their present necessity. London still retained a strong attachment to Presbyterianism ; and its militia, which was numerous and had acquired reputation in wars, had by a late ordinance been put into hands in whom the Parlia- ment could entirely confide. This militia was now called out, and ordered to guard the lines which had been drawn round the city, in order to secure it against the king. A body of horse was ordered to be instantly levied. Many officers, who had been cashiered by the new model of the army, offered their service to the Parliament. An army of five thousand men lay in the north under the command of General Pointz, who was of the Presbyterian faction ; but these were too distant to be employed in so urgent a neces- sity. The forces destined for Ireland were quartered in the west ; and though deemed faithful to the Parliament, tliey also lay at a distance. Many inland garrisons were com- manded by officers of the same party ; but tlieir troops, being so much dispersed, could at present be of no manner of service. The Scots were faithful friends, and zealous for Presbytery and the covenant ; but a long time was required ere they could collect their forces and march to the assist- ance of the Parliament. In this situation it was thought more prudent to submit, and by compliance to stop the fury of the enraged army. The declaration by which the military petitioners had been voted public enemies was recalled and erased from tlie journal book.^' This was the first symptom which the Par- liament gave of submission ; and the army, hoping by ter- ror alone, to effect all their purposes, stopped at St. Alban's, and entered into negotiation with their masters. Here commenced the encroachments of the military upon the civil authority. The army, in their usurpations on the Pai'liament, copied exactly the models which the Parliament itself had set them in their recent usurpations on the crown. '' Eusliworth, -vol. vii. pp. 503, 547. Clarendon, vol. v. y. IS. 452 HISTOET OF ENGLAND. Every day they rose in their demands. If one claira was granted, they liad another ready, still more enormous and exorbitant, and were determined never to be satisfied. At first they pretended, only to petition for what concerned themselves as soldiers; next, they must have a vindica^ tion of their character ; then it was necessary that their enemies be punished ; •'' at last they claimed a right of mod- elling the whole government and settling the nation.^ They preserved in words all deference and respect to the Parliament, but in reality insulted them and tyrannized over them. That assembly they pretended not to accuse ; it was only evil counsellors who seduced and betrayed it. They proceeded so far as to name eleven members, whom, in general terms, they charged with high treason, as ene- mies to the army and evil counsellors to the Parliament. Their names were Hollis, Sir Philip Stapleton, Sir William Lewis, Sir John Clot^orthy, Sir William Waller, Sir John Maynard, Massey, Glyn, Long, Harley, and Nicholas.'" These were the very leaders of the Presbyterian party. They insisted that these members should immediately be sequestered from Parliament, and be thrown into prison.'^ The Commons replied that they could not, upon a general charge, proceed so far.''^ The army observed to them that the cases of Strafford and Laud were direct precedents for that purpose.'' At last the eleven members themselves, not to give occasion for discord, begged leave to retire from the House; and the army, for the present, seemed satisfied with this mark of submission.''' Pretending that the Parliament intended to levy war upon them, and to involve the nation again in blood and confusion, they required that all new levies should be stopped. The Parliament complied with this demand.'* There being no signs of resistance, the army, in order to save appearances, removed, at the desire of the Parliament, to a greater distance from London, and fixed their head- quarters at Reading. They carried the king along with them in all their marches. That prince now found himself in a better situation than 2» Eusbwortb, vol. vii. p. 509. » Kiishwoi-tl), vol. vii. p|i. 567, 633; vol. viii. p 731 3! Kusliwori.il, vol. vii, p. 570. 3. itushworth, vol. vii. p. 572. 3- Kiishwortli, vol. VII, p. 592. • y. kh£>. M Kusliwoi-lli, vol. vii. p. 504. Wliitlocke, p. 259 s« KusLwoitli, vol. vii. pp. 593, 594. st Itushworth, vol. vii. pp. 572, 574. HISTOET OF ENGLAND. 453 at Holdenby, and had attained some greater degi'ee of free- dom as well as of consideration with both parties. All his friends had access to his presence ; his corre- spondence with the queen was not interrupted ; his chaplains were restored to him, and he was allowed the use of the liturgy; his children were once allowed to visit him, and they passed a few days at Caversham, where he then resided."' He had not seen the Duke of Gloucester, his youngest son, and the Princess Elizabeth, since he left London, at the CDm- niencement of the civil disorders ; " nor the Duke of York since he went to the Scottish army before Newark. No private man, unacquainted with the pleasures of a court and the tumult of a camp, more passionately loved his family than did this good prince ; and such an instance of indul- gence in the army was extremely grateful to him. Cromwell, who was witness to the meeting of the royal family, con- fessed that he never had been present at so tender a scene ; and he extremely applauded the benignity which displayed itself in the whole disposition and behavior of Charles. That artful politician, as well as the leaders of all par- ties, paid court to the king ; and fortune, notwithstanding all his calamities, seemed again to smile upon him. The Parliament, afraid of his forming some accommodation with the army, addressed him in a more respectful style than formerly ; and invited him to reside at Richmond and con- tribute his assistance to the settlement of the nation. The chief officers treated him with regard, and spoke on all oc- casions of restoring him to his just powers and prerogatives. , In the public declarations of the army, the settlement of his revenue and authority was insisted on.^* The royalists everywhere entertained hopes of restoration of monarchy, and the favor which they universally bore to the army con- tributed very much to discourage the Parliament and to forward their submission. The king began to feel of what consequence he was. The more the national confusion increased, the more was he con- fident that all parties would at length have recourse to his lawful authority, as the only remedy for the public dis- orders. " You cannot be without me," said he on several occasions. " You cannot settle the nation but by my assist- 3" Clarendon, vol. i. pp. .51, .52, 57. 37 Wlien the king applied to have his children, the Parliament always told him that they could take as much care at London, both of their bodies and souls, as could be done at Oxford.— Parliauieutary History, vol. xiii. p. 127. 3» Kusliworlh, vol. vii. p. 590. 454 HISTORY OF ENGLAND. anee." A people without government and without liberty, a Parlifiment without authority, an army without a legal master ; distractions everywhere, terrors, oppressions, con- vulsions ; from this scene of confusion, which could not long continue, all men, he hoped, would be brought to reflect on that ancient government under which they and their ances- tors had so long enjoyed happiness and tranquillity. Though Charles kept his ears open to all proposals, and expected to hold the balance between the opposite parties, he entertained more hopes of accommodation with the army. He had experienced the extreme rigor of the Par- liament. They pretended totally to annihilate his authority ; they had confined his person. In both these particulars the army showed more indulgence.^ He had a free intercourse with his friends. And in the proposals which the council of officers sent for the settlement of the nation, they insist- ed neither on the abolition of episcopacy nor on the pun- ishment of the royalists, the two points to which the king had the most extreme reluctance. And they demanded that a period should be put to the present Parliament, the event for which he most ardently longed. His conjunction, too, seemed more natural with the generals than with that usurping assembly who had so long assumed the entire sovereignty of the state, and who had declared their resolution still to continue masters. By gratifying a few persons with titles and preferments, he might draw over, he hoped, the whole military power, and, in an instant, reinstate himself in his civil authority. To Ireton he offered the lieutenancy of Ireland ; to Cromwell, the Garter, the title of Earl of Essex, and the command of the army. Negotiations to this purpose were secretly con- ducted. Cromwell pretended to hearken to them, and was well pleased to keep the door open for an accommodation, if the course of events should at any time render it neces- . sary. And the king, who had no suspicion that one born a private gentleman could entertain the daring ambition of seizing the sceptre transmitted through a long line of mon- archs, indulged hopes that he would, at last, embrace a measure which, by all the motives of duty, interest, and safety, seemed to be recommended to him. While Cromwell allured the king by these expectations, he still continued his scheme of reducing the Parliament to ™ Warwick, p. 303. Parliamentary History, vol. xvi. p. 40. Clarendon, vol. V. p. 50. HSTORY OF ENGLAND. 455 Bubjection, and depriving them of all means of resistance. To gratify the army, the Parliament invested Fairfax with the title of general-in-chief of all the forces in England and Ireland ; and intrusted the whole military authority to a person who, though well inclined to their service, was no longer at his own disposal. They voted that the troops which, in obedience to them, had enlisted for Ireland and deserted the rebellious array, should be disbanded, or, in other words, be punished for their fidelity. The forces in the north, under Pointz, had already mutinied against their general, and had entered into an association with that body of the ai-my which was so suc- cessfully employed in exalting the military above the civil authority.*" That no resource might remain to the Parliament, it was demanded ihat the militia of London should be changed, the Presbyterian commissioners displaced, and the command restored to those who, during the course of the war, had constantly exercised it. The Parliament even complied with so violent a demand, and passed a vote in obedience to the army.*^ By this unlimited patience they proposed to temporize under their present difficulties, and they hoped to find a more favorable opportunity for recovering their authority and influence ; but the impatience of the city lost them all the advantage of their cautious measures. A petition against the alteration of the militia was carried to Westminster, attended by the apprentices and seditious multitude, who besieged the door of the House of Commons ; and, by their clamor, noise, and violence, obliged them to reverse that vote which they had passed so lately. When gratified in this pretension, they immediately dispersed and left the Parliament at liberty.*^ No sooner was intelligence of this tumult conveyed to Reading than the army was put in motion. The two Houses being under restraint, they were resolved, they said, to vin- dicate against the seditious citizens the invaded privileges , of Parliament, and restore that assembly to its just freedom of debate and counsel. In their way to London, they were drawn up on Hounslow Heath — a formidable body, twenty thousand strong, and determined, without regard to laws or *' Rushworth, vol. vii. p. 620. *' Rusliwortb, vol, vii. pp. B2S), 632. « RuBliworth, vol. vii. pp. 641, 643. Clarendon, vol. v. p. 61. Wliitlocke, p. 269. Clement Walkei-, p. 38. 456 HISTOKT OF ENGLAND. liberty, to pTirstte whatever measures their generals shonM dictate to them. Here the most favorable event happened to quicken and encourage their advance. The speakers of the two Houses, Manchester and Lenthal, attended by eight peers and about sixty commoners, having secretly retired from the city, presented themselves with their maces and all the ensigns of their dignity ; and, complaining of the violence put upon them, applied to the army for defence and protection. They were received with shouts and accla- mations, respect was paid to them as to the Parliament of England, and the army, being provided with so plausible a pretence — which in all public transactions is of great conse- quence— advanced to chastise the rebellious city and to rein- state the violated Parliament.'*^ Neither Lenthal nor Manchester was esteemed an Inde- pendent, and such a step in them was unexpected. But they probably foresaw that the army must, in the end, prevail ; and they were willing to pay court in time to that author- ity which began to predominate in the nation. The Parliament, forced from their temporizing measures and obliged to resign at once, or combat for their liberty and power, prepared themselves with vigor for defence, and determined to resist the violence of the army. The two Houses immediately chose new speakers, Lord Hunsdon and Henry Pelham ; they renewed their former orders for en- listing troops;, they appointed Massey to be commander; they ordered the train-bands to man the lines ; and the whole city was in a ferment and resounded with military preparations." When any intelligence arrived that the army stopped or retreated, the shout of " One and all " ran with alacrity from street to street among the citizens; when news came of their advancing, the cry of " Treat and capitulation " was no less loud and vehement." The terror of a universal jjillage, and even massacre, had seized the timid inhabitants. As the army approached, Rainsborow, being sent by the general over the river, presented himself before Southvvark, and was gladly received by some soldiers, who were quar- tered there for its defence, and who were resolved not to sep- arate their interests from those of the army. It behooved, then, the Parliament to submit. The army marched in tri- umph through the city, but preserved the greatest order, " Rusbworth, vol. vii. p. 750. Clarendon, vol. v. p 63 " Kushworth, vol. vii. p. 646. lo Wliitloeke, p. 265. HISTORY OP ENGLAND. 457 decency, and appearance of humility. They conducted to Westminster the two speakers, who took their seats as if nothing liad happened. The eleven impeached members^ being accused as authors of the tumult, were expelled, and most of them retired beyond sea. Seven peers were im- peached ; the mayor, one sheriff, and three aldermen sent to the Tower; several citizens and officers of the militia com- mitted to prison ; every deed of the Parliament annulled from the day of the tumult till the return of the speakers; the lines about the city levelled; the militia restored to the Independents ; regiments quartered in Whitehall and the Mews; and the Parliament being reduced to a regular formed servitude, a day was appointed of solemn thanks- giving for the restoration of its liberty .*' The Independent party among the Commons exulted in their victory. The whole authority of the nation, they imagined, was now lodged in their hands ; and they had a near prospect of moulding the government into that imagi- nary republic which had long been the object of their wishes. They had secretly concurred in all encroachments of the military upon the civil power; and they expected, by the terror of the sword, to impose a more perfect system of lib- erty on the reluctant nation. All parties, the king, the Church, the Parliament, the Presbyterians, had been guilty of errors since the commencement of these disorders ; but it must be confessed that this delusion of the Independents and Republicans was, of all others, the most contrary to common-sense and the established maxims of . policy. Yet were the leaders of that party — Vane, Fiennes, St. John, Martin — -the men in England the most celebrated for pro- found thought and deep contrivance ; and by their well- colored pretences and professions they had overreached the whole nation. To deceive such men would argue a super- lative capacity in Cromwell, were it not that, besides the great difference there is between dark, crooked counsels and true wisdom, an exorbitant passion for rule and authority will make the most prudent overlook the dangerous conse- quences of such measures as seem to tend in any degree to their own advancement. The leaders of the army, having established their domin- ion over the Parliament and city, ventured to bring the king to Hampton Court, and he lived for some time in that palace with an appearance of dignity and freedom. Such equabil- M Eusliwortli, vol. viii. pp. 797, 798, etc. 458 HISTORY OF ENGLAND. ity of temper did he possess that, during all the variety of fortune which he underwent, no difference was perceived in his countenance or behavior; and, though a prisoner in the hands of his most inveterate enemies, he supported towards all who approached him the majesty of a monarch ; and that neither with less nor greater state than he had been accus- tomed to maintain. His manner, which was not in itself popular nor gracious, now appeared amiable from its great meekness and equality. The Parliament renewed their applications to him, and presented him with the same conditions which they had offered at Newcastle. The king declined accepting them, and desired the Parliament to take the proposals of the army into consideration, and make them the foundation of the public settlement." He still entertained hopes that his negotiations with the generals would be crowned with suc- cess, though everything in that particular daily bore a worse aspect. Mosfc historians have thought that Cromwell never was sincere ih his professions ; and that, having, by force, rendered himself master of the king's person, and, by fair pretences, acquired the countenance of the royal- ists, he had employed these advantages to the enslaving of the Parliament, and afterwards thought of nothing but the establishment of his own unlimited authority, with which he esteemed the restoration, and even life, of the king altogether incompatible. This opinion, so much war- ranted by the boundless ambition and profound dissimulation of his character, meets with ready belief, though it is more agreeable to the narrowness of human views and the darkness of futurity to suppose that this daring usurper was guided by events, and did not as yet foresee with any assurance that unparalleled greatness which he afterwards attained. Many writers of that age have asserted *" that he really in- tended to make a private bargain with the king — a measure which carried the most plausible appearance both for his safety and advancement, but that he found insuperable diffi- culties in reconciling to it the wild humors of the army. The horror and antipathy of these fanatics had for many years been artfully fomented against Charles ; and though their principles were on all occasions easily warped and eluded by private interest, yet was some coloring requisite, and a flat contradiction to all former professions and tenets could not safely be proposed to them. It is certain, at least, that " Eushwortli, vol. vJU. p. 810. '> See note [])D] at the end of Hie volume. HISTORY OF ENGLAND. 459 Cromwell made use of this reason why he admitted rarely of visits from the king's friends, and showed less favor than formerly to the royal cause. The agitators, he said, had rendered him odious to the army, and had represented him as a traitor who, for the sake of private interest, was ready to betray the cause of God to the great enemy of piety and religion. Desperate projects, too, he asserted to be secretly formed for the murder of the king ; and he pretended much to dread lest all his authority, and that of the commanding officers, would not be able to restrain these enthusiasts from their bloody purposes.^' Intelligence being daily brought to the king of menaces thrown out by the agitators, he began to think of retiring from Hampton Court, and of putting himself in some place of safety. The guards were doubled upon him ; the pro- miscuous concoui'se of people restrained ; a more jealous care exerted in attending his person — all under color of pro- tecting him from danger, but really with a view of making him uneasy in his present situation. These artifices soon produced the intended effect. Charles, who was naturally apt to be swayed by counsel, and who had not, then, access' to any good counsel, took suddenly a i-esolution of with-' drawing himself, though without any concerted, at least any_ rational, scheme for the future disposal of his person. At- , tended only by Sir John Berkeley, Ashburnham, and Leg, he pi'ivately left Hampton Court ; and his escape was not discoy.er£d_till near an hour after, when those who entered his chamber found on the table some letters directed to the Parliament, to the general, and to the officer wlio had at- tended him.^" All night he travelled through the forest, and arrived next day at Tichfield, a seat of the Earl of, Southampton's, where the countess-dowager resided, a woman of honor, to whom the king knew he might safely intrust his person. Before he arrived at this place he had gone to the sea- coast, and expressed' great anxiety that a ship which he seemed to look for had not arrived ; and thence Berkeley and Leg, who were not in the secret, conjectured that his intention was to transport himself beyond sea. The king could not hope to remain long concealed at Tichfield ; what measure should next be embraced was the question. In the neighborhood lay the Isle of Wight, of which Hammond was governor. This man was entirely de- " Clarendon, vol. v. p. 76. "> Kusliworth, vol, viii. p. 871. 460 HISTORY OF ENGLAXD. pendent on Cromwell. At his recommendation he had mar- ried a daughter of the famous Hambden, who, during his lifetime, had been an intimate friend of CromweU's, and whose memory was ever respected by him. These circum- stances were very unfavorable ; yet, because the governor was nephew to Dr. Hammond, the king's favorite chaplain, and had acquired a good character in the army, it was thought proper to have recourse him in the present exi- gency, when no other rational expedient could he thought of. Ashburnham and Berkeley were despatched to the island. They had orders not to inform Hammond of the place where the king was concealed till they had first ob- tained a promise from him not to deliver up his majesty, though the Parliament and the army should require him ; but to restore him to his liberty, if he could not protect him. This promise, it is evident, would have been a very slender security ; yet, even without exacting it, Ashburnham im- prudently, if not treacherously, brought Hammond to Tich- field ; and the king was obliged to put himself into his hands, and to attend him to Carisbroke Castle, in the Isle of Wight, where, though received with great demonstra- tions of respect and duty, he was in reality a prisoner. Lord Clarendon °' is positive that the king, when he fled from Hampton Court, had no intention of going to this island ; and indeed all the circumstances of that historian's narrative, which we have here followed, strongly favor this opinion. But there remains a letter of Charles's to the Earl of Laneric, Secretary of Scotland, in which he plainly Intimates that that measure was voluntarily embraced ; and even insinuates that, if he had thought proper, he might have been in Jersey, or any other place of safety.''^ Per- haps he still confided in the promises of the generals, and flattered himself that if he were removed from the fury of the agitators, by which his life was immediately threatened, they would execute what they had so often promised in his favor. Whatever may be the truth in this matter, for it is im- possible fully to ascertain the truth, Charles never took a weaker step, nor one more agreeable to Cromwell and all his enemies. He was now lodged in a place, removed from his partisans, at the disposal of the army, whence it would be very difficult to deliver him, either by force or artifice. And though it was always in the power of Cromwell, whenever « Pp. 79, 80, etc. 62 See note [EE] at the end of tlie volume. HISTORY OF ENGLAND. 461 he pleased, to have sent him thither, yet such a measure, without the king's consent, would have been very invidious, if not attended with some danger. That the king should voluntarily throw himself into the snare, and thereby gratify his implacable persecutors, was to them an incident pecu- liarly fortunate, and proved in the issue very fatal to him. Cromwell, being now entirely master of the Parliament, and free from all anxiety with regard to the custody of the king's person, applied himself seriously to quell those dis- orders in the army which he himself had so artfully raised, and so successfully employed against both king and Parlia- ment. In order to engage the troops into a rebellion against their masters, he had encouraged an arrogant spirit among the inferior officers and private men ; and the camp, in many respects, caiTied more the appearance of civil liberty than of military, obedience. The troops themselves were formed into a kind of republic ; and the plans of imaginary repub- lics, for the settlement of the state, were every day the topics of conversation among these armed legislators. Roy- alty it was agreed to abolish ; nobility must be set aside ; even all ranks of men be levelled ; and a universal equality of property, as well as of power, be introduced among the citizens. The saints, they said, were the salt of the earth ; an entire parity had place among the elect ; and by the same rule that the apostles were exalted from the most ig- noble professions, the meanest sentinel, if enlightened by the Spirit, was entitled to equal regard with the greatest com- mander. In order to wean the soldiers from these licentious maxims, Cromwell had issued orders for discontinuing the meetings of the agitators ; and he pretended to pay entire obedience to the Parliament, whom, being now fully reduced to subjection, he purpose.! to make, for the future, the in- struments of his authority. But the Levellers, for so that party in the array was called, having experienced the sweets of dominion, would not so easily be deprived of it. They secretly continued their meetings ; they asserted that their officers, as much as any part of the Church or State, needed refoi-mation ; several regiments joined in seditious remon- strances and petitions ; *' sepai'ate rendezvous were concert- ed ; and everything tended to anarchy and confusion. But this distemper was soon cured by the rough but dexterous hand of Ci-omwell. He chose the opportunity of a review, tliat he might display the greater boldness and spread the '3 Kushwortl), vol. viii. pp. 845, 850. 462 HisTOET or England. terror the wider. He seized the ringleaders before their companions, held in the field a council of war, shot one mu- tineer instantly, and struck such dread into the rest that they presently threw down the symbols of sedition which they had displayed, and thenceforth returned to their wont- ed discipline and obedience." Cromwell had great deference for the counsels of Ireton, a man who, having grafted the soldier on the lawyer, the statesman on the saint, had adopted such principles as were fitted to introduce the severest tyranny, while they seemed to encourage the most unbounded license in human society. Fierce in his nature, though probably sincere in his inten- tions, he purposed by arbitrary power to establish liberty, and in prosecution of his imagined religious purposes he thought himself dispensed from all the ordinary rules of morality by which inferior mortals must allow themselves to be governed. From his suggestion, Cromwell secretly called, at Windsor, a council of the chief officers, in order to deliberate concerning the settlement of the nation and the future disposal of the king's person .^^ In this confer- ence, which commenced with devout prayers, poured forth by Cromwell himself, and other inspired persons (for the officers of this army received inspiration with their commis- sions), was first opened the daring and unheard-of counsel of bringing the king to justice, and of punishing, by judicial sentence, their sovereign for his pretended tyranny and maladministration. While Charles lived, even though re- strained to the closest prison, conspiracies, they knew, and insurrections, would never be wanting in favor of a prince who was so extremely revered and beloved by his own party, and whom the nation in general began to regard with great affection and compassion. To murder him privately was exposed to the imputation of injustice and cruelty, aggravated by the baseness of such a crime ; and every odious epithet of traitor and assassin would, by the general voice of mankind, be indisputably ascribed to the actors in such a villany. Some unexpected procedure must be at- tempted, which would astonish the world by its novelty, would bear the semblance of justice, and would cover its barbarity by the audaciousness of the enterprise. Striking in with the fanatical notions of the entire equality of man- kind, it would insure the devoted obedience of the army, M Ruflliworth, vol. viii. p. 875. Clarendon, vol. v. p. 87, oi* Clarendon, vol. v. p. UU. HISTOEY OF ENULAJfD. 463 and serve as a general engagement against the royal family, whom, by their open and united deed, they would so hei- nously affront and injure.^" This measure, therefore, being secretly resolved on, it was requisite, by degrees, to make the Parliament adopt it, and to conduct them from violence to violence, till this last act of atrocious iniquity should seem in a manner wholly inevitable. The king, in order to remove those fears and jealousies which were perpetually pleaded as reasons for every invasion of tlie constitution, had offered, by a message sent from Carisbroke Castle, to resign, during his own life, the power of the militia and the nomination to all the great offices ; provided that, after his demise, these prerogatives should revert to the crown." But the Parliament acted entirely as victors and enemies ; and, in all their transactions with him, paid no longer any regard to equity or reason. At the instigation of the Independents and army, they neglected this offer, and framed. four proposals, which they sent him as preliminaries; andbefore they would deign to treat, they demanded his positive assent to all of them. By Qn^Jie was required to invest the Parliament with the mili- taly^power for twenty years, together with an authority to levy whatever money should be necessary for exercising it ; and, even after the twenty years should be elapsed, they reserved a right of resuming the same authority whenever they should declare the safety of the kingdom to require it. By the second, he was to recall all his proclamations! and declarations against the Parliament, and acknowledge that assembly to have taken arms in their just and necessary defence. By the third, he was to annul all the acts and void all the patents of peerage which had passed the great seal since it had^been carried from London by Lord Keeper Littleton; and, at the same time, renounce for the future the power of making peers without consent of Parliament. By the fourth, he gave the two Houses power to adjourn as they thought proper — a demand seemingly of no great importance, hut contrived by^ the Independents that they might be able to remove the Parliament to places where it should remain in perpetual subjection to the army.^' ■*« The foUowing was a favorite text among the enthusiasts of tliat age : " Let the high praises of God be in the mouths of his saints, and a two-edged sword in tbeii" hand ; to execute vengeance upon the heathen, and punishments upon the people ; to l)ind tlieir Icings willi chains, and tlieir nobles with fetters of iron ;, to execute upon them the judgment writteji : this honor have all his saints." — Psahu cxlix. 6,7,8,9. Hugh Peters, the mad chaplain of Cromwell, preached frequently upon this text. ^^ Knshworth, vol. viii. p. 880. ^"^ Clarendon, vol. v. p. 88. 464 HISTORY OF ENGLAND. [1648.] The king i-egarded the pretension as unusual and exorbitant tliat he should make such concessions, while not secure of any settlement, and should blindly trust his enemies for the conditions which they were afterwards to grant him. He required, therefore, a personal treaty with the Parliament, and desired that all the terms on both sides should be adjusted before any concession on either, side should be insisted on. The republican party in the House pretended to take fire at this answer ; and openly inveighed, in violent terms, against the person and government of the king, whose name hitherto had commonly, in all debates, been mentioned with some degree of reverence. Ireton, seeming to speak the sense of the army-, under the appella- tion of many thousand godly men who had ventured their lives in defence of the Parliament, said that the king, by denying the four bills, had refused safety and protection to his people ; that their obedience to him was but a reciprocal dut.y for his protection of them ; and that, as he had failed on his part, they were freed from all obligations to allegi- ance, and must settle the nation without consulting any longer so misguided a prince.^** Cromwell, after giving an ample character of the valor, good affections, and godliness of tlie army, subjoined that it was expected the Parliament should guide and defend the kingdom by their own j)ower and resolutions, and not accustom the people any longer to expect safety and government from an obstinate man, whose heart God had hardened ; that those who, at the expense of tjieir blood, had hitlierto defended the Parliament from so many dangers would still continue, with fidelity and courage, to protect them against all opposition in this vigorous measure. " Teach them not," added he, "by your neglect- ing your own safety and that of the kingdom (in which theirs too is involved), to imagine themselves betrayed, and their interests abandoned to the rage and malice of an irreconcilable enemy, whom, for your sake, they have dared to provoke. Beware," and at these words he laid his hand on his sword — "beware, lest despair cause them to seek safety by some other means than by adhering to you, who know not how to consult your own safety." ™ Such argu- ments prevailed, though ninety-one members had still the courage to oppose. It was voted that no more addresses be made to the king, nor any letters or messages be received from him ; and that it be treason for any one, without leave M Clement Walker, p. 70. eo ibid. HISTORY OF ENGLAND. 465 of the two Houses, to have any intercourse with him. The Lords concurred in the same ordinance." By this vote of non-addresses (so it was called) the king was in reality dethroned, and the whole constitution formally overthrown. So violent a measure was supported by a declaration of the Commons no less violent. The blackest calumnies were there thrown upon the king, such as, even, in their famous remonstrance, they thought proper to omit as incredible and extravagant — the poisoning of his father, the betraying of Rochelle, the contriving of the Irish massacre." By blasting his fame, had that injury been in their power, they formed a very proper prelude to the executing of vio- lence on his person. No sooner had the king refused his assent to the four bills than Hammond, by orders from the army, removed all his servants, cut off his correspondence with his friends, and shut him up in close confinement. The king afterwards showed to Sir Philip Warwick a decrepit old man, who, he said, was employed to kindle his fire, and was the best com- pany he enjoyed during several months that this rigorous confinement lasted.''^ No amusement was allowed him, nor society, which might relieve his anxious thoughts. To be speedily poisoned or assassinated was the only prospect which he had every moment before his eyes, for he enter- tained no apprehension of a judicial sentence and execution — an event of which no history hitherto furnished an example. Meanwhile the Parliament was very industrious in publish- ing from time to time the intelligence which they received from Hammond; how cheerful the king was, how pleased with every one that approached him, how satisfied in his present condition;" as if the view of such benignity and constancy had not been more proper to inflame than allay the general compassion of the people. The great source whence the king derived consolation amid all his calamities was undoubtedly religion — a principle which in him seems to have contained nothing fierce or gloomy, nothing which enraged him against his adversaries, or terrified him with the dismal prospect of futurity. While everything around him bore a hostile aspect, while friends, family relations, whom he passionately loved, were placed at a distance and unable to serve him, he rejDosed himself with confidence in "' Riishworth. vol. viii. pp. 965, SB7. "^ Eushwovth, vol. viii. p. 998. Ulareudon, vol. v. p. 93, Whitlocke, p. 360. "2 Quthry. 476 HISTORY OF ENGLAND. more severe and arbitrary government than was generally exercised by the patrons of liberty in both kingdoms. The siege of Colchester terminated in a manner no less unfortunate than Hamilton's engagement for the royal cause. After suffering the utmost extremities of famine, after feeding on the vilest aliments, the garrison desired, at last, to capitulate. Fairfax required them to surrender at discretion ; and he gave such an explanation to these terms as to reserve to himself power, if he pleased, to put them all instantly to the sword. The officers endeavored, though in vain, to persuade the soldiers, by making a vigorous sally, to break through, at least to sell their lives as dearly as pos- sible. They were obliged ^' to accept of the conditions offered ; and Fairfax, instigated by Ireton, to whom Crom- well, in his absence, had consigned over the government of the passive general, seized Sir Charles Lucas and Sir George Lisle, and resolved to make them instant sacrifices to mil- itary justice. This unusual severity was loudly exclaimed against by all the prisoners. Lord C.apel, fearless of danger, reproached Ireton with it, and challenged him, as they were all engaged in the same honorable cause, to exercise the same impartial vengeance on all of them. Lucas was first shot, and he himself gave orders to fire, with the same alacrity as if he had commanded a platoon of his own soldiers. Lisle instantly ran and kissed the dead body, then cheerfully presented himself to a like fate. Thinking that the soldiers destined for his execution stood at too great a distance, he called to them to come nearer. One of them replied, "I'll warrant you, sir, we'll hit you." He an- swered, smiling, "Friends, I have been nearer you when you have missed me." Thus perished this generous spirit, not less beloved for his modesty and humanity than esteemed for his courage and military conduct. Soon after, a gentleman appearing in the' king's presence clothed in mourning for Sir Ch.arles Lucas, that humane prince, suddenly recollecting the hard fate of his friends, paid them a tribute, which none of his own unparalleled misfortunes ever extorted from him. He dissolved into a flood of tears."* By these multiplied successes of the array they had sub- dued all their enen ies, and nonfe remained but the helpless king and Parliament to oppose their violent measures. From Ci-omwell's suggestion a remonstrance was drawn by 83 August 18. M Whitlocke. HISTOKY OF ENGLAND. 477 the council of general officers and sent to the Parliament. They there complain of the treaty with the king ; demand his punishment for the blood spilled during the war ; re- quire a dissolution of the present Parliament, and a more equal representation for the future ; and assert that, though servants, they are entitled to represent these important points to their masters, who are themselves no better than servants and trustees of the people. At the same time tliey advanced with the army to Windsor, and sent Colonel Eure to seize the king's person at Newport, and convey him to Hurst Castle in the neighborhood, where he was detained in strict confinement. This measure being foreseen some time before, the king was exhorted to make liis escape, which was conceived to be very easy ; but having given his word to the Parliament not to attempt the recovery of his liberty during the treaty, and three weeks after, he would not, by any persuasion, be in- duced to hazard the reproach of violating that protnise. In vain was it urged that a promise given to the Parliament could no longer be binding, since they could no longer afford him protection from violence threatened him by other persons to whom he was bound by no tie or engage- ment. The king would indulge no refinements of casuistry, however plausible, in such delicate subjects ; and was re- solved that whsft depredations soever fortune should com- mit upon him, she never should bereave him of his honor.^* The Parliament lost not courage, notv/ithstanding the danger with which they were so nearly menaced. Though without any plan for resisting military usurpations, they re- solved to withstand them to the uttermost, and rather to bring on a violent and visible subversion of government than lend their authority to those illegal and sanguinary measures which were projected. They set aside the re- monstrance of the army, without deigning to answer it ; they voted the seizing of the king's person to be without their consent, and sent a message to the general to know by what authority that enterprise had been executed, and they issued orders that the army should advance no nearer to London. Hollis, the present leader of the Presbyterians, was a man of unconquerable intrepidity, and many others of that party seconded his magnanimous spirit. It was proposed by them that the generals and principal officers should, for »5 Colonel Cooke'B Memoirs, p. 174. Bushworth, vol. viii. p. 1347. 478 HISTOET OF ENGLAND. their disobedience and usui-pations, be proclaimed traitors by the Parliament. But the Parliament was dealing with men who would not be frightened by words nor retarded by any scrupulous delicacy. The generals, under the name of Fairfax (for he still allowed them to employ his name), marched the army to London, and, placing guards in Whitehall, the Mews, St. James's, Durham House, Covent Garden, and Palace Yard, surrounded the Parliament with their hostile armaments. The Parliament, destitute of all hopes of prevailing, re- tained, however, courage to resist. They attempted, in the face of the army, to close their treaty with the king ; and though they had formerly voted his concessions with regard to the Church and delinquents to be unsatisfactory, they now took into consideration the final resolution with regard to the whole. After a violent debate of thi'ee days, it was carried by a majority of one hundred and twenty-nine against eighty-three, in the House of Commons, that tlie king's concessions were a founxJation for the Houses to pro- ceed upon in the settlement of the kingdom. Next day, when the Commons were to meet, Colonel Pride, formerly a drayman, had environed the House with two regiments ; and, directed by Lord Grey of Groby, he seized in the passage forty-one members of the Presbyterian party and sent them to a low room, which passed by the ap- pellation of hell, whence they were afterwards carried to several inns. Above one hundred and sixty members more were excluded ; and none were allowed to enter but the most furious and the most determined of the Independents, and these exceeded not the number of fifty or sixty. This invasion of the Parliament commonly passed under the name of Colonel PricMs purge, so much disposed was the nation to make merry with the dethroning of those mem- bers who had violently arrogated the whole authority of government and deprived the king of his legal prerogatives. The subsequent proceedings of the Parliament, if this diminutive assembly deserve that honorable name, retain not the least appearance of law, equity, or freedom. Thev instantly reversed the former vote and declared the king's concessions unsatisfactory. They determined that no mem- ber, absent at this last vote, should be received till he sub- scribed it as agreeable to his judgment. They renewed their former vote of non-addresses. And they committed to prison Sir William Waller, Sir John Clotworthy, the HISTOEY OP ENGLAND. 479 generals Massey, Brown, Copley, and other leaders of the P)-esbyterians. These men, by their credit and authority, which was then very high, had, at the commencement of the war, supported the Parliament, and thereby prepared the way for the greatness of the present leaders, who, at that time, were of small account in the nation. The secluded members having published a paper contain- ing a narrative of the violence which had been exercised upon them, and a protestation that all acts were void which from that time had been transacted in the House of Com- mons, the remaining members encountered it with a dec- laration, in which they pronounced it false, scandalous, seditious, and tending to the destruction of the visible and fundamental government of the kingdom. The sudden and violent revolutions held the whole nation in terror and astonishment. Every man dreaded to be trampled under foot, in the contention between those mighty powers which disputed for the sovereignty of the state. Many began to withdraw their effects beyond sea ; foreigners scrupled to give any credit to a people so torn by domestic faction and oppressed by military usurpation ; even the internal commerce of the kingdom began to stag- nate. And in order to remedy these growing evils the geur erals, in the name of the army, published a declaration, in which they expressed their resolution of supporting law and justice.'" The more to quiet the minds of men, the council of officers took into consideration a scheme called the agree- ment of the people, being the plan of a republic to be sub- stituted in the place of that government which they had so , violently pulled in pieces. Many parts of this scheme for " correcting the inequalities of the representative are plaus- ible, had the nation been disposed to receive it, or had the army intended to impose it. Other parts are too perfect ■for human nature, and savor strongly of that fanatical spirit so prevalent throughout the kingdom. The height of all iniquity and fanatical extravagance yet remained — the public trial, and execution of the sover- eign. To this period was every measure precipitated by the zealous Independents. The parliamentary leaders of that party had intended that the army themselves should execute that daring enterprise ; and they deemed so irregular and lawless a deed best fitted to such irregular and lawless »5 Eushworth, vol. yiii. p. 1364. 480 HISTORY OF ENGLAND. instruments.'^ But the generals were too wis^ to load themselves singly with the infamy which they knew must attend an action so shocking to the general sentiments of mankind. The Parliament, they were resolved, should share with them the reproach of a measure which was thought requisite for the advancement of their common ends of safety and ambition. In the House of Commons, therefore, a committee was appointed to bring in a charge against the king. On their report a vote passed declaring it treason in a king to levy war against his Parliament and appointing a high court of justice to try Charles for this new-invented treason. This vote was sent up to the House of Peers. The House of Peers, during the civil wars, had all along been of small account ; but it had lately, since the king's fall, become totally contemptible, and very few members would submit to the mortification of attending it. It hap- pened that day to be fuller than usual, and they were assembled to the number of sixteen. Without one dissent- ing voice, and almost without deliberation, they instantly rejected the vote of the lower House and adjourned them- selves for ten days, hoping that this delay would be able to retard the furious career of the Commons. [1649.] The Commons were not to be stopped by so small an obstacle. Having first established a principle "which is noble in itself and seems specious, but is belied by all history and experience, that the people are the origin of all just power^ they next declared that the Commons of -England, assembled in Parliament, being chosen by the people, and representing them, are the supreme authority of the nation, and that whatever is enacted and declared to be law by the Commons hath the force of law, without the consent of king or House of Peers. The ordinance for the trial of Charles Stuart, King of England, so they called him, was again read, and unanimously assented to. In proportion to the enormity of the violences and usurpations were augmented the pretences of sanctity among those regicides. " Should any one have voluntarily proposed," said Cromwell in the House, " to bring the king to punishment, I should have regarded him as the greatest traitor; but, since Providence and necessity have Oast us upon it, I will pray to God for a blessing on your counsels, though I am not prepared to give you any advice on this " Wliitlocke. HISTORY OP ENGLAND. 481 important occasion. Even I myself," subjoined he, " when I was lately offering up petitions for his majesty's restora- tion, felt my tongue cleave to the roof of my mouth, and considered this preternatural movement as the answer which Heaven, having rejected the king, had sent to my supplications." A woman of Hertfordshire, illuminated by prophetical visions, desired admittance into the military council, and communicated to the officers a revelation which assured them that their measures were consecrated from above and ratified by a heavenly sanction. This intelligence gave them great comfort and much confirmed them in their present resolutions."* Colonel Harrison, the son of a butcher, and the most furious enthusiast in the army, was sent with a strong party to conduct the king to London. At Windsor, Hamilton, who was there detained a prisoner, was admitted into the king's presence; alid, falling on his knees, passionately 6x- claimed, " My dear master!" "I have indeed been so to you," replied Charles, embracing him. No further inter- course was allowed between them. The king was instantly hurried away. Hamilton long followed him with his eyes, all suffused in tears, and prognosticated that in this short ' salutation he had given the last adieu to his sovereign and his friend. Charles himself was assured that the period of his life was now approaching ; but, notwithstanding all the prepara- tions which were making and the intelligence which he received, he could not even yet believe that his enemies' really meant to conclude their violences by a public trial and execution. A private assassination he every moment looked for; and, though Harrison assured him that his apprehensions were entirely groundless, it was by that catastrophe, so frequent with dethroned princes, that he expected to terminate his life. In appearance, as well as in reality, the king was now dethroned. All the exterior symbols of sovereignty were withdrawn, and his attendants had orders to serve him without ceremony. At first he was shocked with instances of rudeness and familiarity, to which he had been so little accustomed. Nothing so contemptible as a despised prince ! was the reflection which they sug- gested to him. But he soon reconciled his mind to this, as he had done to his other calamities. * WMtlocke, p. 360. Vol. IV.— 31 482 HISTOET OF ENGLAWD. All the circumstances of the trial were now adjustecl ; and the high court of justice fully constituted. It consisted of one hundred and thirty-three persons as named by the Commons ; but there scarcely ever sat above seventy— so difficult was it, notwithstanding the blindness of prejudice and the allurements of interest, to engage men of any name or character in that criminal measure. Cromwell, Ireton, Harrison, and the chief officers of the army, mpst :oE them of mean birth, were members, together with sbrtis of the lower House, and some citizens of London. The twelve judges were at first appointed in the number ; but, as they had affirmed that it was contrary to all the ideas of English law to try the king for treason, by whose authority all accusations for treason must necessarily be conducted, tlieir names, as well as those of some peers, were after- wards struck out. Bradshaw, a lawyer, was chosen presi- dent. Coke was appointed solicitor for the people _ of England. Dorislaus, Steele, and Aske were named assist- ants. The court sat in Westminster Hall. It is remarkable that, in calling over the court, when the crier pronounced the name of Faii-fax, which had been inserted in the number, a voice came from one of the spectators and cried, " He has more wit than to be here." When the charge was read against the king, " In the name of the people of England," the same voice exclaimed, " Not a tenth part of them." Axtel, the officer who guarded the court, giving orders to fire into the box whence these in- solent speeches came, it was discovered that Lady Fairfax was there, and that it was she who had had the courage to utter them. She was a person of noble extraction, daughter of Horace, Lord Vere of Tilbury ; but, being seduced by the violence of the times, she had long seconded her hus- band's zeal against the royal cause, and was now, as well as he, struck with abhorrence at the fatal and unexpected con- sequence of all his boasted victories. The pomp, the dignity, the ceremony of this transaction corresponded to the greatest conception that is suggested in the annals of human kind; the delegates of a great people sitting in judgment upon their supreme magistrate, and trying him for his misgovernment and breach of trust. The solicitor, in the name of the Commons, represented that Charles Stuart, being admitted King of England and intrusted with a limited ])ower, yet nevertheless, from a wicked design to erect an unlimited and tyrannical govern- HISTORY OF ENGLAND. 483 ment, had traitorously and maliciously levied war against the present Parliament and the people whom they repre- sented, and was therefore impeached as a tyrant; traitor, murderer, and a public and implacable enemy to the com- monwealth. After the charge was finished, the president directed his discourse to the king, and told him that the court expected his answer. The king, though long detained a prisoner, and now pro- duced as a criminal, sustained, by his magnanimous cour- age, the majesty of a monarch. With great temper and dignity, he declined the authority of the court, and refused to submit himself to their jurisdiction. He represented that, having been engaged in treaty with his two Houses of Parliament, and having finished almost every article, he had expected to be brought to his capital in another manner, atld ere this time to have been restored to his power, dig- nity, revenue, as well as to his personal liberty : that he could not now perceive any appearance of the upper House, so essential a member of the constitution ; and had learned that even the Commons, whose authority was pretended, were subdued by lawless force, and were bereaved of their liberty : that he liimself was their " native, hereditary king ; " "nor was the whole authority of the state, though fi-ee and united, entitled to try him who derived his dignity from the Supreme Majesty of Heaven : that, admitting those extravagant principles wliich levelled all orders of men, the court could plead no power delegated by the peo- ple unless the consent of every individual, down to the meanest and most ignorant peasant, had been previously asked and obtained : that he acknowledged, without scru- ple, that he had a trust committed to him, and one most sacred and inviolable ; he was intrusted with the liberties of his people, and would not now betray them by recogniz- ing a power founded on the most atrocious violence and usurpation : that having taken arms, and frequently exposed his life in defence of public liberty, of the constitution, of the fundamental laws of the kingdom, he was as willing, in this last and most solemn scene, to seal with his blood those precious rights for which, though in vain, he had so long, contended : that those who arrogated a title to sit as his ; judges were born his subjects, and born subjects to those j laws which determined that the Mng can do no wrong : that""* he was not reduced to the necessity of sheltering himself under this general maxim, which guards every English mon- 484' HISTOEY OF ENGLAND. arch, even tne least deserving ; but was able, by the most satisfactory reasons, to justify those measures in which he had been engaged : that to the whole world, and even to them, his pretended judges, he was desirous, if called upon in another manner, to prove the integrity of his conduct, and assert the justice of tliose defensive arms to which, un- willingly and unfortunateljr, he had had recourse ; but that, in order to preserve a uniformity of conduct, he must at present forego the apology of his innocence, lest, by ratify- ing an authority no better founded than that of robbers and pirates, he be justly branded as the betrayer, instead of being applauded as the martyr, of the constitution. The president, in order to support the majesty of the people and maintain the superiority of his court above the prisoner, still inculcated that he must not decline the au- thority of his judges; that they overruled his objections; that they were delegated by the people, the only source of every lawful power ; and that kings themselves acted but in trust from that community which had invested this high court of justice with its jurisdiction. Even according to those principles, which in his present situation he was per- haps obliged to adopt, his behavior in general will appear not a little harsh and barbarous ; but when we consider him as a subject, and one too of no high character, addressing himself to his unfortunate sovereign, his style will be es- teemed, to the last degree, audacious and insolent. Three times was Charles produced before the court, and as often declined their jurisdiction. On the fourth, the judges having examined some witnesses, by whom it was proved that the king had appeared in arms against the forces commissioned by the Parliament, they pronounced sentence against him. He seemed very anxious at this time ('to be admitted to a conference with the two Houses, and it was supposed that he intended to resign the crown to his son ; but the court refused compliance, and considered that request as nothing but a delay of justice. It is confessed that the king's behavior during this last scene of Kis life does honor to liis memory, and that in all appearances before his judges he never forgot his part either as a prince or as a man. Firm and intrepid, he maintained in each reply the utmost perspicuity and justness both of thought and expression ; mild and equable, he rose into no passion at that unusual authority which was assumed over him His soul, without effort or affectation, seemed only HISTOEY OF ENGLAND. 485 to remain in the situation familial" to it, and to look down with contempt on all the efforts of human malice and in- iquity. The soldiers, instigated by their superiors, were brought, though with difficulty, to cry aloud for justice. " Poor souls ! " said the king to one of his attendants ; " for a little money they would do as much against their com- manders." ^^ Some of them were permitted to go the ut- most length of brutal insolence, and to spit in his face as he was conducted along the passage to the court. To excite a sentiment of pity was the only effect which this inhuman insult was able to produce upon him. The people, though under the rod of lawless unlimited power, could not forbear, with the most ardent prayers, pouring forth their wishes for his preservation ; and in his present distress, they avowed him, by their generous tears, for their monarch whom, in their misguided fury, they had before so violently rejected. The king was softened at this moving scheme, and expressed his gratitude for their duti- ful affection. One soldier, too, seized by contagious sympa- thy, demanded from Heaven a blessing on oppressed and fallen majesty. His officer, overhearing the prayer, Deat him to the ground in the king's presence. " The punish- ment, methinks, exceeds the offence : " this was the reflec- tion which Charles formed on that occasion.'""' As soon as the intention of trying the king was known in foreign countries, so enormous an action was exclaimed against by the general voice of reason and humanity ; and all men, under whatever form of government they were born, rejected this example as the utmost effort of undisguised usurpation, and the most heinous insult on law and justice. The French ambassador, by orders from his court, inter- posed in the king's behalf ; the Dutch employed their good offices ; the Scots exclaimed and protested against the vio- lence ; the queen, the prince, wrote pathetic letters to the Parliament. All solicitations were found fruitless with men whose resolutions were fixed and irrevocable. Fo.ur of Charles's friends, persons of virtue and dignity — ^Richmond, Hertford, Southampton, Lindesey — applied to the Commons. They represented that they were the king's counsellors, and had concurred by their advice in all those measures which were now imputed as crimes to their royal master ; that in the eye of the law, and according to the dictates of common reason, they alone were guilty, and M Kushworth, vol. viii. p. 1425. i" "Warwick, p. 339. 486 HISTOET OF ENGLAND. were alone exposed to censure for every blamable action of the prince ; and that they now presented themselves, in order to save by their own punishment that precious life which it became the Commons themselves, and every sub- ject, with the utmost hazard, to protect and defend.^"^ Such a generous effort tended to their honor, but contributed nothing towards the king's safety. The people remained in that silence and astonishment which all great passions, when they have not an opportunity of exerting themselves, naturally produce in the human mind. The soldiers, being incessantly plied with prayers, sermons, and exhortations, were wrought up to a degree of fury, and imagined that in the acts of the most extreme dis- loyalty towards their prince consisted their greatest merit in the eye of Heaven.^"^ Three days were allowed the king between his sentence and his execution. This interval he passed with great tran- quillity, chiefly in reading and devotion. All his family that remained in England were allowed access to him. It consisted only of the Princess Elizabeth and the Duke of Gloucester, for the Duke of York had made his escape. Gloucester was little more than an infant ; the princess, not- withstanding her tender years, showed an advanced judg- ment, and the calamities of her family had made a deep impression upon her. After many pious consolations and advices, the king gave her in charge to tell the queen that during the whole course of his life he had never once, even in thought, failed in his fidelity towards her ; and that his conjugal tenderness and his life should have an equal dura^ tion. To the young duke, too, he could not forbear giving some advice, in order to season his mind with early princi- ples of loyalty and obedience towards his brother, who was so soon to be his sovereign. Holding him on his knee, he said, " Now they will cut off thy father's head." At these words the child looked very steadfastly upon him. " Mark, child, what I say : they will cut off my head ! and perhaps make thee a king. But mark what I say : thou must not be a king as long as thy brothers Charles and James are alive. They will cut off thy brothers' heads when they can catch them ! And thy head too they will cut off at last ! There- fore, I charge thee, do not be made a king by them ! " The Ml Periiiolief, p. S5. Ijloy^le, p. 319. 102 Burnet's History o£ his Own Times. HISTOEY OF EK-GLAND. 487 duke, sighing, replied, " I will be torn in pieces first ! " So determined an answer, from one in such tender years, filled the king's eyes with tears of joy and admiration. Every night, during this interval, th& king slept sound as usual ; though the noise of workmen employed in fram- ing the scaffold, and other preparations for his execution, continually resounded in his ears.^°' The morning of the fatal day he rose early ; and calling Herbert, one of his at- tendants, he bade him employ more than usual care in dress- ing him, and preparing him for-,so great and joyful a solem- nity^. Bishop Juxon, a man endowed with the same mild and steady virtues by which the king himself was so much distinguished, assisted him in his devotions, and paid the last melancholy duties to his friend and sovereign. The street before Whitehall was the place destined for the execution ; for it was intended, by choosing that very place, in sight of his own palace, to display more evidently the triumph of popular justice over royal majesty. When the king came upon the scaffold, he found it so surrounded with soldiers that he could not expect to be heard by any i of the people. He addressed, therefore, his discourse to the few persons who were about him ; particularly Colonel Tomlinson, to whose care he had lately been committed, and upon whom, as upon many others, his amiable deports ment had wrought an entire conversion. He justified his own innocence in the late fatal wars, and observed that he had not taken arms till after the Parliament had enlisted forces ; nor had he any other object in his warlike opera- tions than to preserve that authority entire which his pred- ecessors had transmitted to him. He threw not, however, the blame upon the Parliament, but was more inclined to think that ill instruments had interposed, and raised in them fears and jealousies with regard to his intentions. Though innocent towards his people, he acknowledged the equity of his execution in the eyes of his Maker ; and observed that an unjust sentence which he had suffered to take effect was now punished by an unjust sentence upon himself. He forgave all his enemies, even the chief instruments of his death ; but exhorted them and the whole nation to return to the ways of peace by paying obedience to their lawful sovereign, his son and successor. When he was preparing himself for the Wock, Bishop Juxon called to him, " There is, sir, but one stage more, which, though turbulent and ii>3 Clement Walker's History of Independency; 488 HISTORY or englaxd. troublesome, is yet a very short one. Consider, it will soon carry you a great way ; it will carry you from earth to heaven; and there you shall find, to your great joy ,^^the prize to which you hasten— a crown of glory. " 1 go, re- plied the king, "from a corruptible to an incorruptible crown, where no disturbance can have place." _ At one blow was his head severed from his body. A man in a visor per- formed the office of executioner ; another in a like disguise held up to the spectators the head streaming with blood, and cried aloud, " This is the head of a traitor ! " It is impossible to describe the grief, indignation, and astonishment which took place, not only among the specta- tors, who were overwhelmed with a flood of sorrow, but throughout the whole nation, as soon as the report of this fatal execution was conveyed to them. Never monarch, in the full triumph of success and victory, was more dear to his people than his misfortunes and magnanimity, his pa- tience and piety, had rendered this unhappy prince. In proportion to their former delusions which had animated them against him was the violence of their return to duty and affection ; while each reproached himself either with active disloyalty towards him, or with too indolent defence of his oppressed cause. On weaker minds, the effect of these complicated passions was prodigious. Women are said to have cast forth the untimely fruit of their womb ; others fell into convulsions, or sank into such a melancholy as attended them to their grave ; nay, some, unmindful of themselves, as though they could not or would not survive their beloved prince, it is reported suddenly fell down dead. The very pulpits were bedewed with unsuborned tears — those pulpits which had formerly thundered out the most violent imprecations and anathemas against him. And all men united in their detestation of those hypocritical parri- cides who, by sanctified pretences, had so long disguised their treasons, and in this last act of iniquity had thrown an indelible stain upon the nation. A fresh instance of hypocrisy was displayed the very day of the king's death. The generous Fairfax, not con- tent with being absent from the trial, had used all the inter- est which he yet retained to prevent the execution of the fatal sentence ; and had even employed persuasion with his own regiment, though none else would follow him, to rescue the king from his disloyal mui-derers. Cromwell and Ireton, informed of this intention, endeavored to convince him that HISTORY OP ENGLAKD. 489 the Lord had rejected the king ; and they exhorted him to seek by prayer some direction from Heaven on this impor- tant occasion ; but they concealed from him that they had already signed the warrant for the execution. Harrison was the person appointed to join in prayer with the unwary general. By agreement, he prolonged his doleful cant till intelligence arrived that the fatal blow was struck. He then rose from his knees, and insisted with Fairfax that this event was a miraculous and providential answer, which Heaven had sent to their devout supplications.^"* It being remarked that the king, the moment before he stretched out his neck to the executioner, had said to Jux- on, with a very earnest accent, the single word " Remem- ber," great mysteries were supposed to be concealed under that expression, and the generals vehemently insisted with the prelate that he should inform them of the king's mean- ing. Juxon told them that the king, having frequently charged him to inculcate on his son the forgiveness of his murderers, had taken this opportunity, in the last moment of his life, when his commands, he supposed, would be re-' garded as sacred and inviolable, to reiterate that desire ; and that his mild spirit thus ' terminated its present course by an act of benevolence towards his greatest enemies. The character of this prince, as that of most men, if not of all men, was mixed ; l)i}l his virtues predominated ex- tj'emely above his vices, or, more properly speaking, his im- perfections; for scarce any of his faults rose to that pitch as to merit the appellation of vices. To consider him in the most favorable light, it may be affirmed that his dignity was free from pride, his humanity from weakness, his bravery from rashness, his temperance from austerity, his :^'ugality from avarice ; all these virtues, in him, maintained tlieir proper bounds, and merited unreserved praise. I'o speak the most harshly of him, we may affirm that many of his good qualities were attended with some latent frailty, which, though seemingly inconsiderable, was able, when seconded by the extreme malevolence of his fortune, to dis- appoint them of all their influence ; his beneficent disposi- tion was clouded by a manner not very gracious ; his vir- tue was tinctured with superstition ; his good sense was dis- figured by a deference to persons of a capacity inferior to his own ; and his moderate temper exempted him not from hasty and precipitate resolutions. He deserves the epithet iM Herbert, p. 133. 490 HISTOKT OF ENGLAND. of a good, rather than of a great man ; and was more fitted to rule in a regular established government than either to give way to the encroachments of a popular assembly, or finally to subdue their pretensions. He wanted suppleness and dexterity sufficient for the first measure ; he was not endowed with the vigor requisite for the second. Had he been born an absolute 'prince, his humanity and good sense had rendered his reign happy and his memory precious ; liad tlie limitations on prerogative been in his time quite fixed and certain, his integrity had made him regard as sacred the boundaries of the constitution. Unhappily, his fate threw him into a period when the precedents of many former reigns savored strongly of arbitrary power, and the genius of the people ran violently towards liberty. And it'his political prudence was not sufficient to extricate hini from so peril- ous a situation, he may be excused ; since even after the event, wlien it is commonly easy to correct all errors, one is at a loss to determine what conduct, in his circumstances, could have maintained the authority of the crown and pre- served the peace of the nation. Exposed, without revenue, without arms, to the assault of furious, implacable, and big- oted factions, it was never permitted him, but with the most fatal consequences, to commit the smallest mistake — a con- dition too rigorous to be imposed on the greatest human capacity. Some historians have rashly questioned the good faith of this prince ; but for this reproach the most malignant scrutiny of his conduct, which in every circumstance is now tlioroughly known, affords not any reasonable foundation. On the contrary, if we consider the extreme difficulties to which he was so frequently reduced, and compare the sin- cerity of his professions and declarations, we shall avow that probity and honor ought justly to be numbered among his most shining qualities. In every treaty, those conces- sions which he thought he could not in conscience maintain, he never could, by any motive or persuasion, be induced to make. And though some violations of the Petition of Right may perhaps be imputed to him, these are more to be ascribed to the necessity of his situation, and to the lofty ideas of royal prerogative which, from former established precedents, he had imbibed, than to any failure in the in- tegrity of his principles."^ This prince was of a comely presence, of a sweet but ™ See note [GGl at the eiul of the vohime. HISTORY OP ENGLAND. 491 melancholy aspect. His face was regular, handsome, and well-complexioned ; his body strong, healthy, and justly pro- portioned ; and being of a middle stature, he was capable of enduring the greatest fatigues. He excelled in horse- manship and other exercises ; and he possessed all the ex- terior as well as many of the essential qualities which form an accomplished prince. The tragical death of Charles begat a question, whether the people, in any case, were entitled to judge and to punish their sovereign ; and most men, regarding chiefly the atrocious usurjaation of the pretended judges, and the merit of the virtuous prince who suffered, were inclined to condemn the republican principle as highly seditious and ex- travagant ; but there were still a few who, abstracting from the particular circumstances of this case, were able to con- sider the question in general, and were inclined to moder- ate, not contradict, the prevailing sentiment. Such might have been their reasoning. If ever, on any occasion, it were laudable to conceal truth from the populace, it must be con- fessed that the doctrine of resistance affords such an ex- ample, and that all speculative reasoners ought to observe, with regard to this principle, the same cautious silence which the laws in every species of government have ever prescribed to themselves. Government is instituted- in order to re-^ sti-ain the fury and injustice of the people, and being always founded on opinion, not on force, it is dangerous to weaken, by these speculations, the reverence which the multitude owe to authority, and to instruct them beforehand that the case can never happen when they ^may be freed from their duty of allegiance. Or should it be found impossible to restrain the license of human disquisitions, it must be ac- knowledged that the doctrine of obedience ought alone to be inculcated and that the exceptions, which are rare, ought seldom or never to be mentioned in popular reasonings and discourses. Nor is there any danger that mankind, by this prudent reserve, should universally degenerate into a state of abject servitude. When the exception really occurs, even though it be not previously expected and descanted on, it must, from its very nature, be so obvious and undisputed as to remove all doubt, and overpower the restraint, however great, imposed by teaching the general doctrine of obedi-. ence. But between resisting a prince and dethroning him there is a wide interval, and the abuses of power which can warrant the latter violence are greater and more enormous 492 HISTORY OP ENGLAND. than those which will justify the former. History, however, supplies us with examples even of this kind ; and the reality of the supposition, though for the future it ought ever to be little looked for, must by all candid inquirers be ac- knowledged in the past. But between dethroning a prince and punishing him there is another very wide interval ; and it were not strange if men even of the most enlarged thoughts should question whether human nature could ever in any monarch reach that height of depravity as to warrant, iii revolted subjects, this last act of extraordinary jurisdiction. That illusion, if it be an illusion, which teaches us to pay a sacred regard to the persons of princes is so salutary that to dissipate it by the formal trial and punishment of a sovereign, will have more pernicious effects upon the jjeople than the example of justice can be supposed to have a bene- ficial iniluence upon princes, by checking their career of tyranny. It is dangerous, also, by these examples, to re- duce princes to despair, or bring matters to such extrem- ities against persons endowed with great power as to leave them no resource but in the most violent and most sanguin- ary counsels. This general position being established, it must, however, be observed that no reader, almost of any party or principle, was ever shocked when he read in ancient history that the Roman senate voted Nero, their absolute sovereign, to be a public enemy, and, even without trial, con- demned him to ths severest and most ignominious punish- ment— a punishment from which the meanest Roman citizen was by the laws exempted. The crimes of that bloody tyrant are so enormous that they break through all rules, and extort a confession that such a dethroned prince is no longer superior to his people, and can no longer plead, in his own defence, laws which were establislied for conduct- ing the ordinary course of administration. But when we pass from the case of Nero to that of Charles, the great dis- ])roportion, or rather total contrariety, of ciiaracter immedi- ately strikes us ; and we stand astonished that among a civilized people so much virtue could ever meet with so fatal a catastrophe. Plistory, the great mistress of wisdom, furnishes examples of all kinds ; and every prudential as well as moral precept may be authorized by those events which her enlarged mirror is able to present to us. From the memorable revolutions which passed in England during this period, we may naturally deduce the same useful lesson which Charles himself in his latter years inferred, that it is HISTORY OF ENGLAND. 493 dangerous for princes, even from the appearance of neces- ] sity, to assume more authority than the laws have allowed I them. But it must be confessed that these events furnish 1 us with another instruction, "no less natural, and no less use- { f ul, concerning the madness of the people, the furies of fanat- 1 icisra, and the danger of mercenary armies. \ In order to close this part of the British history, it is also necessary to relate the dissolution of the monarchy in Eng- land ; that event soon followed upon the death of the mon- arch. When the Peers met on the day appointed in their adjournment, they entei'ed upon business, and sent down some votes to the Commons, of which the latter deigned not to take the least notice. In a few days the lower House •passed a vote that they would make no more addresses to the House of Peers, nor receive any from them ; and that that House was useless and dangerous, and was therefore to be abolished. A like vote passed with regard to the mon- archy ; and it is remarkable that Martin, a zealous republi- can, in the debate on this question confessed that if they desired a king, the last was as proper as any gentleman in England.""^ The Commons ordered a new great seal to be engraved, on which that assembly was represented with this legend, " On the first year of freedom, by God's blessing, re- stored, 1-648." The forms of all public business were changed from the king's name to that of the keepers of the liberties of England ; ^'" and it was declared high ti-eason to proclaim, or any otherwise acknowledge, Charles Stuart, commonly called Prince of Wales. The Commons intended, it is said, to bind the Princess Elizabeth apprentice to a button -maker ; the Duke of Glou- cester was to be taught some other mechanical employment. But the former soon died of grief, as is supposed, for her father's tragical end ; the latter was by Cromwell sent be- yond sea. The king's statue in the Exchange was thrown down, and on the pedestal these words were inscribed : "Exit ty- rannus, regum ultimus " — The tyrant is gone, the last of the kings." Duke Hamilton was tried by a new high court of justice as Earl of Cambridge in England, and condemned for trea^ 106 Walker's History of Independency, part U. i"' The Court of King's Bench was called the Court of Public Bench. So cau- tions on this head were some of the Kepublioans that it is pretended, in reciting the Lord's Prayer, they would not say " thy kingdom come," but always " thy commouwealtli come." 494 • HISTOEY OP ENGLAND. son. This sentence, which was certainly hard, but which ought to save his memory from all imputations of treachery to his master, was executed on a scaffold erected before Westminster Hall. Lord Capel underwent the same fate. Both these noblemen had escaped from prison, but were af- terwards discovered and taken. To all the solicitations of their friends for pardon, the generals and parliamentary leaders still replied that it was certainly the intention of Providence that they should suffer, since it had permitted them to fall into the hands of their enemies after they had once recovered their liberty. The Earl of flolland lost his life by a like sentence. Though of a polite and courtly behavior, he died lamented by no party. His ingratitude to the king and his frequent changing of sides were regarded as great stains on his mem- orj'. The Earl of Norwich and Sir John Owen, being con- demned by the same court, were pardoned by the Com- mons. The king left six children — three males (Charles, born in 1630 ; James, Duke of York, born in 1633 ; Henry, Duke of Gloucester, born in 1641) and three females (Mary, Princess of Orange, born 1631 ; Elizabeth, born 1635 ; and Henrietta, afterwards Duchess of Orleans, born at Exeter, 1644). The Archbishops of Canterbury in this reign were Abbot and Laud ; the lord-keepers, Williams, Bishop of Lincoln, Lord Coventry, Lord Finch, Lord Littleton, and Sir Rich- ard Lane ; the high-admirals, the Duke of Buckingham and the Earl of Northumberland ; the treasurers, the Earl of Marlborough, the Earl of Portland, Juxon, Bishop of Lon- don, and Lord Cottington ; the secretaries of state, Lord Con- way, Sir Albertus Moreton, Coke, Sir Henry Vane, Lord Falkland, Lord Digby, and Sir Edward Nicholas. It may be expected that we should here mention the Icon Basilike, a work published in the king's name a few days after his execution. It seems almost impossible, in the controverted parts of history, to say anything which will satisfy the zealots of both parties ; but with regard to the genuineness of that production, it is not easy for an his- torian to fix any opinion which will be entirely to his own satisfaction. The proofs brought to evince that this work is or is not the king's are so convincing that, if an impartial reader peruse any one side apart,"' he will think it impossi- "" See, on the one band, Xoland's Aniyntor, and, on the other, Wagstaffe'a HISTOET OF ENGLAND. 495 ble that arguments could be produced sufficient to counter- balance so strong an evidence ; and when he compares bolli sides, he will be some time at a loss to fix any determina- tion. Should an absolute suspense of judgment be found difficult or disagreeable in so interesting a question, I must confess that I much incline to give the preference to the ar- guments of the royalists. The testimonies which prove that performance to be the king's are more numerous, certain, and direct than those on the other side. This is the case, even if we. consider the external evidence ; but when we weigh the internal, derived from the style and composition, there is no manner of comparison. These meditations re- semble, in elegance, purity, neatness, and simplicity, the genius of those performances which we know with certainty to have flowed from the royal pien, but are so unlike the bombast, perplexed, rhetorical and corrupt style of Dr. Gauden, to whom they are ascribed, that no human testi- mony seems sufficient to convince us that he was the au- thor. Yet all the evidences which would rob the king of that honor tend to prove that Dr. Gauden had the merit of writing so fine a performance, and the infamy of imposing it on the world for the king's. It is not easy to conceive the general compassion excited towards the king by the publishing, at so critical a juncture, a work so full of piety, meekness, and humanity. Many have not scrupled to ascribe to that book the subsequent restoration of the royal family. Milton compares its effects to those which were wrought on the tumultuous Romans by Anthony's reading to them the will of Csesar. The Icon passed through fifty editions in a twelvemonth ; and, inde- pendent of the great interest taken in it by the nation as the supposed production of their murdered sovereign, it must be acknowledged the best prose composition which, at the time of its publication, was to be found in the Eng- tish language. Vindication ot the Eoyal Martyr, with Young's addition. We may remark that Lord Clarendon's total silence with regard to this subject in so full a history, com- posed in vindication of the king's measures and character, forms a presumption on Toland's side, and a presumption of which that author was ignorant, the works of the noble historian not being then published. Bishop Burnet's testi- mony, too, must be allowed of some weight agaiust the Icou. 496 HISTORY OF ENGLAND. CHAPTER LX. THE COMMONWEALTH. STATE OP ENGLAND — OP SCOTLAND OP IRELAND. LEVEL- LERS SUPPRESSED.— SIEGE OP DUBLIN RAISED. TREDAH STORMED. — COVENANTERS. MONTROSE TAKEN PRISONER. EXECUTED. COVENANTERS. BATTLE OP DUNBAR OP WORCESTER. king's ESCAPE. THE COMMONWEALTH. DUTCH WAR. DISSOLUTION OF PARLIAMENT. The confusions which overspread England after the murder of Charles I. proceeded as well from the spirit of nefinement and innovation which agitated the ruling party as from the dissolution of all that authority, both civil and ecclesiastical, [1649.] by which the nation had ever been accustomed to be governed. Every man had framed the model of a republic ; and however new it was, or fantasti- cal, he was eager in recommending it to his fellow-citizens, or even imposing it by force upon them. Every man had adjusted a system of religion, which, being derived from no traditional authority, was peculiar to himself ; and being founded on supposed inspiration, not on any principles of human reason, had no means besides cant and low rhetoric by which it could recommend itself to others. The Lev- ellers insisted on an equal distribution of power and prop- erty, and disclaimed all dependence and subordination. The Millenarians, or Fifth-monarchy men, required that government itself should be abolished and all human pow- ers be laid in the dust, in order to pave the way for the do- minion of Christ, whose second coming they suddenly ex- pected. The Antinomians even insisted that the obliga- tions of morality and natural law were suspended, and that the elect, guided by an internal principle more perfect and divine, were superior to the " beggarly elements " of jus- tice and humanity. A considerable party declaimed against tithes and hireling priesthood, and were resolved that the magistrate should not support by power or revenue any ec- clesiastical establishment. Another party inveighed against HISTOET OP ENGLAND. 497 the law ana its professors ; and, on pretence of rendering more simple the distribution of justice, were desirous of abolishing the whole system of English jurisprudence which seemed interwoven with monarchical government. Even those among the republicans who adopted not such extrav- agances were so intoxicated with their saintly character that they supposed themselves possessed of peculiar priv- ileges ; £,nd all professions, oaths, laws, and engagements had in a great measure lost their influence over them. The -bands of society were everywhere loosened, and the irregu- lar passions of men were encouraged by speculative princi- ples still more unsocial and irregular. The royalists, consisting of the nobles and more consider- able gentry, being degraded from their authority and plun- dered of their property, were inflamed with the highest re- sentment and indignation against those ignoble adversaries who had reduced them to subjection. The Presbyterians, whose credit at first supported the arms of the Parliament, were enraged to find that, by the treachery or superior cun- ning of their associates, the fruits of all their successful labors were ravished from them. The former party, from inclination and princifile, zealously attached themselves to the spn of their unfortunate monarch, whose memory they respected, and whose tragical death they deplored. The latter cast their eye towards the same object ; but they had still many prejudices to overcome, many fears and jealousies to be allayed, ere they could cordially entertain thoughts of restoring the family which they had so grievously offended, and whose principles they regarded with such violent ab- horrence. The only solid support of the republican Independent faction, which, though it formed so small a part of the na- tion, had violently usurped the government of the whole, was a numerous army of near fifty thousand men. But this army, formidable from its discipline and courage as well as its numbers, was actuated by a spirit that rendered it dan- gerous to the assembly which had assumed the command over it. Accustomed to indulge every chimera in politics, every frenzy in religion, the st)ldiers knew little of the sub- ordination of citizens, and had only learned, from apparent necessity, some maxims of military obedience ; and while they still maintained that all those enormous violations of law and equity of which they had been guilty were justified by the success with which Providence had blessed them, they Vol. IV.— 32 498 HISTORY OP ENGLAND. were ready to break out into any new disorder, wherever they had the prospect of a like sanction and authority. What alone gave some stability to all these unsettled humors was the great influence, both civil and military, ac- quired by Oliver Cromwell. This man, suited to the age in which he lived, and to that alone, was equally qualified to gain the affection and confidence of men by what was mean, vulgar, and lidiculous in his character as to command their obedience by what was great, daring, and enterprising. Familiar even to buffoonery with the meanest sentinel, he never lost his authority ; transported to a degree of madness with religious ecstasies, he never forgot the political pur- poses to which they might serve. Hating monarchy while a subject, despising liberty while a citizen, though he re- tained for a time all orders of men under a seeming obe- dience to the Parliament, he was secretly paving the way, by artifice and courage, to his own unlimited authority. The Parliament, for so we must henceforth call a small and inconsiderable part of the House of Commons, having murdered their sovereign with so many appearing circum- stances of solemnity and justice, and so much real violence and even fury, began to assume more the air of a civil legal power, and to enlarge a little the narrow bottom upon which they stood. They admitted a few of the excluded and ab- sent members, such as were liable to least exception, but on condition that these members should sign an approbation of whatever had been done in their absence with regard to the king's trial ; and some of them were willing to acquire a share of power on such terms : the greater part disdained to lend their authority to such apparent usurpations. They issued some writs for new elections in places where they hoped to have interest enough to bring in their own friends and dependants. They named a council of state, thirty-eight in number, to whom all addresses were made, who gave orders to all generals and admirals, who executed the laws, and who digested all business before it was introduced into Parliament.^ They pretended to employ themselves en- tirely in adjusting the laws, forms, and plan of a newTep- resentative ; and as soon as they should have settled the 1 Tlieir names -were— the Earls of Denbigli, Mulgrave, Pembroke, Salisbury, Lords Gray and Fairfax, Lisle, KoUes, St. John, Wilde, Bradshaw, Crom- well, Skippon, Pickering, Massam, Haselrig. Harrington, Vane jun., Uanvers, Armine, Mildmay, Constable, Pennington, Wilson, Whitlocke, Martin, Ludlow, Stapleton, Hevinghaq, Wallop, Hutcbiuson, Bond, Popbam, Valentine, Walton, Scott, Puref oy, Jones. HISTORY OP ENGLAND. 499 nation, they professed their intention of restoring the power to the people, from whom they acknowledged they had entirely derived it. The commonwealth found everything in England com- posed in a seeming tranquillity by the terror of their arms. Foreign powers, occupied in wars among themselves, had no leisure or inclination to interpose in the domestic dissensions of this island. The young king, poor and neglected, living sometimes in Holland, sometimes in France, sometimes in Jersey, comforted himself, amid his present distresses, with the hopes of better fortune. The situation alone of Scotland and Ireland gave any immediate inquietude to the new re- public. After the successive defeats of Montrose and Hamilton and the ruin of their parties, the whole authority in Scotland fell into the hands of Argyle and the rigid churchmen, that party which was most averse to the interests of the royal family. Their enmity, however, against the Independents, who had prevented the settlement of Presbyterian discipline in England, carried them to embrace opposite maxims in their political conduct. Though invited by the English Parliament to model their government into a republican form, they resolved still to adhere to monarchy, which had ever prevailed in their country, and which, by the express terms of their covenant, they had engaged to defend. They considered, besides, that as the property of the kingdom lay mostly in the hands of great families, it would be difficult to establish a commonwealth, or, without some chief magistrate invested with royal authority, to preserve jseace or justice in the community. The execution, therefore, of the king, against which they had always protested, having occasioned a vacancy of the throne, they immediately proclaimed his son and successoi", Charles II. ; but upon condition " of his good behavior and strict observance of the covenant, and his entertaining no other persons about him but such as were godly men and faithful to that obligation." These unusual clauses, inserted in the very first acknowledgment of their prince, sufficiently showed their intention of limiting extremely his authority ; and the English commonwealth, having no pretence to interpose in the affairs of that king- dom, allowed the Scots for the present to take their own measures in settling their government. The dominion which England claimed over Ireland de- manded more immediately their efforts for subduing that 500 HISTORY OF ENGLAND. country. In order to convey a just notion of Irish affairs, it would be necessary to look backwards some years, and to relate briefly those transactions which had jsassed during the memorable revolutions in England. "When the late king agreed to that cessation of arms with the popish rebels,'' which was become so requisite as well for the security of the Irish Protestants as for promoting his interests in England, the Parliament, in order to blacken his conduct, reproached him with favoring that odious rebellion, and exclaimed loudly against the terms of the cessation. They even went so far as to declare it entirely null and invalid, because finished without their consent ; and to this declaration the Scots in Ulster, and the Earl of Inchiquin, a nobleman of great authority in Munster, professed to adhere. By their means the war was still kept alive ; but as the dangerous distraction in England hindered the Parliament from send- ing any considerable assistance to their allies in Ireland, the Marquis of Ormond, lord-lieutenant, being a native of Ireland, and a person endowed with great prudence and virtue, formed a scheme for composing the disorders of his country, and for engaging the rebel Irish to support the cause of his royal master. There were many circumstances which strongly invited the natives of Ireland to embrace the king's party. The maxims of that prince had always led him to give a reasonable indulgence to the Catholics throughout all his dominions ; and one principal ground of that enmity which the Puritans professed against him was this tacit toleration. The Parliament, on the contrary, even when unprovoked, had ever menaced the Papists with the most rigid restraint, if not a total extirpation ; and imme- diately after the commencement of the Irish rebellion they put to sale all the estates of the rebels, and had engaged the public faith for transferring them to the adventurers who had already advanced money upon that security. The suc- cess, therefore, which the arms of the Parliament met with at Naseby^ struck a just terror into the Irish, and engaged the Council of Kilkenny, composed of deputies from all the Catholic counties and cities, to conclude a peace with the Marquis of Ormond.^ They professed to return to their duty and allegiance, engaged to furnish ten thousand men for the support of the king's authority in England, and were content with stipulating, in return, indemnity for their re- bellion and toleration of their religion. ' 1643. s 164S. HISTOEY OF ENGLAND. 501 Ormond, not doubting but a peace so advantageous and even necessary to the Irish would be strictly observed, ad- vanced with a small body of troops to Kilkenny, in order to concert measures for common defence with his new allies. The pope had sent over to Ireland a nuncio, Rinuccini, an Italian; and this man, whose commission empowered him to direct the spiritual concerns of the Irish, was embold- ened, by their ignorance and bigotry, to assume the chief authority in the civil government. Foreseeing that a gen- eral submission to the lord-lieutenant would put an end to his own influence, he conspired with Owen O'Neal, who com- manded the native Irish in Ulster, and who bore a great jealousy to Preston, the general chiefly trusted by the Coun- cil of Kilkenny. By concert, these two malcontents secret- ly drew forces together, and were ready to fall on Ormond, who remained in security, trusting to the pacification so lately concluded with the rebels. He received intelligence of their treachery, made his retreat with celerity and con- duct, and sheltered his small army in Dublin and the other fortified towns which still remained in the hands of the Prot- estants. The nuncio, full of arrogance, levity, and ambition, was not contented with this violation of treaty. He summoned an assembly of the clergy at Waterford, and engaged them to declare against that pacification which the civil council had concluded with their sovereign. He even thundered out a sentence of excommunication against all who should adhere to a peace so prejudicial,* as he pretended, to the Cath- olic religion ; and the deluded Irish, terrified with his spirit- ual menaces, ranged themselves everywhere on his side, and submitted to his authority. Without scruple he carried on war against the lord-lieutenant, and threatened with a siege the Protestant garrisons, which were, all of them, very ill provided for defence. Meanwhile the unfortunate king was necessitated to take shelter in the Scottish army ; and being there reduced to close confinement, and secluded from all commerce with his friends, despaired that his authority, or even his liberty, would ever be restored to him. He sent orders to Ormond, if he could not defend himself, rather to submit to the Eng- lish than to the Irish rebels; and accordingly the lord-lieu- tenant, being reduced to extremities, delivered up Dublin, Tredah, Dundalk, and other garrisons to Colonel Michael Jones, who took possession of them in the name of the Eng- 502 mSTOEY OF ENGLAND. lish Parliament. Ormond himself went over to England, was admitted into the king's presence, received a grateful acknowledgment for his past services, and during some time lived in tranquillity near London. But, being banished with the other royalists to a distance from that city, and seeing every event turn out unfortunately for his royal master and threaten him with a catastrophe still more direful, he thought proper to retire into France, where he joined the queen and the Prince of Wales. In Ireland, during these transactions, the authority of the nuncio prevailed without control among all the Catho- lics ; and that prelate, by his indiscretion and insolence, soon made them repent of the power with which they had in- trusted him. Prudent men, likewise, were sensible of the total destruction which was hanging over the nation from the English Parliament, and saw no resource or safety but in giving support to the declining authority of the king. The Earl of Clanricarde, a nobleman of an ancient family, a person, too, of merit, who had ever preserved his loyalty, was sensible of the ruin which threatened his countrymen, and was resolved, if possible, to prevent it. He secretly formed a combination among the Catholics ; he entered into a correspondence with Inchiquin, who preserved great au- thority over the Protestants in Munster ; he attacked the nuncio, whom he chased out of the island ; and he sent to Paris a deputation, inviting the lord- lieutenant to return and take possession of his government. Ormond, on his arrival in Ireland, found the kingdom divided into many factions, among which either open war or secret enmity prevailed. The authority of the English Parliament was established in Dublin and the other towns which he himself had delivered into their hands. O'Neal maintained his credit in Ulster ; and, having entei-ed into a secret correspondence with the parliamentary generals, was more intent on schemes for his own personal safety than anxious for the preservation of his country or religion. The other Irish, divided between their clergy, who were averse to Ormond, and their nobility, who were attached to him, were very uncertain in their motions and feeble in their measures. The Scots in the north, enraged, as well as their other countrymen, against the usurpations of the sectarian army, professed their adherence to the king, but were still hindered by many prejudices from entering into a cordial union with his lieutenant. All these distracted counsels HISTOEY OF ENGLAND. 503 and contrary humors checked the progress of Ormond, and enabled the parliamentary forces in Ireland to maintain their ground against him. The republican faction, mean- while, in England, employed in subduing the revolted roy- alists, in reducing the Parliament to subjection, in the trial, condemnation, and execution of their sovereign, totally neg- lected the supplying of Ireland, and allowed Jones and the forces in Dublin to remain in the utmost weakness and necessity. The lord-lieutenant, though surrounded with difficulties, neglected not the favorable opportunity of pro- moting the royal cause. Having at last assembled an army of sixteen thousand men, he advanced ujaon the ijarliamen- tary garrisons. Dundalk, where Monk commanded, was de- livered up by the troops, who mutinied against their gov- ernor. Tredah, Newry, and other forts were taken. Dub- lin was threatened with a siege ; and the affairs of the lieu- tenant appeared in so prosperous a condition that the young king entertained thoughts of coming in person into Ireland. When the English commonwealth was brought to some tolerable settlement, men began to cast their eyes towards the neighboring island. During the contest of the two par- ties the government of Ireland had remained a great object of intrigue ; and the Presbyterians endeavored to obtain the lieutenancy for Waller, the Independents for Lambert. After the execution of the king, Cromwell himself began to aspire to a command where so much glory, he saw, might be won, and so much authority acquired. In his absence he took care to have his name proposed to the council of state, and both friends and enemies concurred immediately to vote him into that imj^ortant office; the former suspected that the matter had not been proposed merely by chance, with- out his own concurrence ; the latter desired to remove him to a distance, and hoped during his absence to gain the ascend- ant over Fairfax, whom he had so long blinded by his hyp- ocritical professions. Cromwell himself, when informed of his election, feigned surprise, and pretended at first to hesi- tate with regard to the acceptance of the command ; and Lambert, either deceived by his dissimulation, or, in his turn, feigning, to be deceived, still continued, notwithstanding this disapiJointment, his friendship and connections with Cromwell. The new lieutenant immediately applied himself with his wonted vigilance to make preparation for his expedition. Many disorders in England it behooved him previously to 504 HISTORY OF ENGLAND. compose. All jjlaces were full of danger and inquietude. Though men, astonished with the successes of the army, re- mained in seeming tranquillity, symptoms of the gi-eatest discontent everwhere appeared. The English, long accus- tomed to a mild administration, and unacquainted with dis- simulation, could not conform their speech and counte- nance to the present necessity, or pretended attachment to a form of government which they genei-ally regarded with such violent abhorrence. It was requisite to change the magistracy of London, and to degrade as well as punish the mayor and some of the aldermen, before the proclamation for the abolition of monarchy could be published in the city. An engagement being framed to support the com- monwealth without king or House of Peers, the army was with some difficulty brought to subscribe it ; but though it was imposed on the rest of the nation under severe penal- ties, no less than putting all who refused out of the protec- tion of law, such obstinate reluctance was observed in the people that even the imperious Parliament was obliged to desist from it. The spirit of fanaticism by which that as- sembly had at first been strongly supported was now turned in a great measure against them. The pulpits being chiefly filled with Presbyterians or disguised royalists, and having long been the scene of news and politics, could by no penal- ties be restrained from declarations unfavorable to the estab- lished government. Numberless were the extravagances which broke out among the people. Everard, a disbanded soldier, having preached that the time was now come wlien the community of goods would be renewed among Chris- tians, led out his followers to take possession of the land; and being carried before the general, he refused to salute him, because he was but his fellow-creature.'' What seemed more dangerous, the army itself was infected with like humors.^ Though the Levellers had for a time been sup- pressed by the audacious spirit of Cromwell, they still con- tinued to propagate their doctrines among the private men and inferior ofiicers, who pretended a right to be consulted, as before, in the administration of the commonwealth. They now practised against their ofiicers the same lesson which they had been taught against the Parliament. They framed a remonstrance, and sent five agitators to present it to the gen- eral and council of war. These were cashiered with io-no- miny by sentence of a court-martial. One Lockier, having * Wliitlocke. ' See note [HHJ at the end of the volume. HISTOET OF ENGLAND. 505 carried his sedition further, was sentenced to death ; but this punishment was so far from quelling the mutinous spirit that above a thousand of his companions showed their ad- herence to him by attending his funeral, and wearing in their hats black and sea-green ribbons by way of favors. About four thousand assembled at Burford, under the com- mand of Thomson, a man formerly condemned for sedition by a court-martial, but pardoned by the general. Colonel Reynolds, and afterwards Fairfax and Cromwell, fell upon them while unprepared for defence and seduced by the ap- pearance of a treaty. Four hundred were taken prisoners ; some of them capitally punished, the rest pardoned ; and this tumultuous spirit, though it still lurked in the army, and broke out from time to time, seemed for the present to be suppressed. Petitions framed in the same spirit of opposition were presented to the Parliament by Lieutenant-Colonel Lilburn, the person who, for dispersing seditious libels, had formerly been treated with such severity by the Star-chamber. His liberty was at this time as ill relished by the Parliament, and he was thrown into prison as a promoter of sedition and disorder in the commonwealth. The women applied by a petition for his release, but were now desired to mind their household affairs, and leave the government of the state to the men. From all quarters the Parliament was harassed with petitions of a very free nature, which strangely spoke the sense of the nation, and proved how ardently all men longed for the restoration of their laws and liberties. Even in a feast which the city gave to the Parliament and council of state, it was deemed a requisite precaution, if we may credit Walker and Dugdale, to swear all the cooks that they would sei-ve nothing but wholesome food to them. The Parliament Judged it necessary to enlarge the laws of high treason beyond those narrow bounds within which they had been confined during the monarchy. They even comprehended verbal offences — nay, intentions — though they had never appeared in any overt act against the state. To affirm the present government to be a usurpation, to assert that the Parliament or council of state were tyranni- cal or illegal, to endeavor subverting their authority or stirring up sedition against them — these offences were de- clared to be high treason. The power of imprisonment, of which the Petition of Right had bereaved the king, it was now found necessary to restore to the council of state ; and 506 HISTORY OF ENGLAND. all the jails in England were filled with men whom the jealousies and fears'of the ruling party had represented as dangerous.* The taxes continued by the new government, and which, being unusual, were esteemed heavy, increased the general ill-will under which it labored. Besides the customs and excise, ninety thousand pounds a month were levied on land for the subsistence of the army. The seques- trations and compositions of the royalists, the sale of the crown lands and of the dean and chapter lands, though they yielded great sums, were not sufficient to support the vast expenses, and, as was suspected, the great dejDredations of the Parliament and of their creatures.' Amid all these difficulties and disturbances, the steady mind of Cromwell, without confusion or embarrassment, still pursued its purpose. While he was collecting an army of twelve thousand men in the West of England, he sent to Ireland, under Reynolds and Venables, a reinforcement of four thousand horse and foot, in order to strengthen Jones and enable him to defend himself against the Marquis of Ormond, who lay at Finglass, and was making preparations for the attack of Dublin. Inchiquin, who had now made a treaty with the king's lieutenant, having with a separate body taken Tredah and Dundalk, gave a defeat to Offarrell, who served under O'Neal, and to young Coot, who com- manded some parliamentary forces. After he had joined his troops to the main army, with whom for some time he remained united, Ormond passed the river Liffy, and took post at Rathmines, two miles from Dublin, with a view of commencing the siege of that city. In order to cut off all further supply from Jones, he had begun tlie reparation of an old fort which lay at tl)e gates of Dublin ; and, being exhausted with continual fatigue for some days, he had re- tired to rest, after leaving orders to keep his forces under arms. He was suddenly awakened with the noise of firing, and, starting from his bed, saw everything already in tumult and confusion. Jones, an excellent officer, formerly a law- yer, had sallied out with the reinforcement newly arrived ; and attacking the partj employed in repairing the fort, he totally routed them, pursued the advantage, and fell in with the array, which had neglected Ormond's orders. These he soon' threw into disorder; put them to flight, in spite of all the efforts of the lord-lieutenant ; chased them off the field ; 1 History of IiKleijeiidencj', pan ii. ' Paiiiameutary History, vol. xix. pp. 13G, 170. HISTOEY OF ENGLAND. 507 seized all their tents, baggage, ammunition ; and returned victorious to Dublin, after killing a thousand men and taking above two thousand prisoners.* This loss, which threw some blemish on the military character of Ormond, was irreparable to the royal cause. That numerous army which, with so much pains and diffi- culty, the lord-lieutenant had been collecting for more than a year, was dispersed in a moment. Cromwell soon ar- rived in Dublin, where he was welcomed with shouts and rejoicings. He hastened to Tredah. That town was well fortified ; Ormond had thrown into it a good garrison of three thousand men, under Sir Arthur Aston, an officer of reputation. He expected that Tredah, lying in the neigh- borhood of Dublin, would first be attempted by Cromwell, and he was desirous to employ the enemy some time in that siege, while he himself should repair his broken forces. But Cromwell knew the importance of despatch. Having made a breach, he ordered a genera] assault. Though twice rejjulsed with loss, he renewed the attack, and himself, along with Ireton, led on his men. All opposition was overborne by the furious valor of the troops. The town was taken sword in hand, and orders being issued to give no quarter, a cruel slaughter was made of the garrison. Even a few who were saved by the soldiers, satiated with blood, were next day miserably butchered by orders from the general. One person alone of the garrison escaped, to be a messenger of this universal havoc and destruction. Cromwell pretended to retaliate by this severe execu- tion the cruelty of the Irish massacre ; but he well knew that almost the whole garrison was English; and his justice was only a barbarous policy in order to terrify all other garrisons from resistance. His policy, however, had the desired effect. Having led the army without delay to Wex- ford, he began to batter the town. The garrison, after a slight defence, offered to capitulate; but before they ob- tained a cessation they imprudently neglected their guards, and the English army rushed in ujjon them. The same severity was exercised as at Tredah. Every town before which Cromwell presented himself now opened its gates without resistance. Ross, though strongly garrisoned, was surrounded bvLordTaffe. Having taken Estionage, Cromwell threw a bridge over the Barrow, and made himself master of Passage and Carrie. The Eng- s Parliamentary History, vol. xix. p. 105. 508 HISTOET OP ENGLAND. lish had no further difficulties to encounter than what arose from fatigue and the advanced season. Fluxes and con- tagious distempers crept in among the soldiers, who perished in great numbers. Jones himself, the brave governor of Dublin, died at Wexford ; and Cromwell had so far ad- vanced with his decayed army that he began to find it dif- ficult either to subsist in the enemy's country or retreat to his own garrisons. But while he was in these straits, Cork, Kinsale, and all the English garrisons in Munster deserted to him, and, opening their gates, resolved to share the for- tunes of their victorious countrymen. This desertion of the English put an end to Ormoud's authority, which was already much diminished by the mis- fortunes at Dublin, Tredah, and Wexford. The Irish, actuated by national and religious prejudices, could no longer be kept m obedience by a Protestant governor who was so unsuccessful in all his enterprises. The clergy re- newed their excommunications against him and his adherents, and added the terrors of superstition to those which arose from a victorious enemy. Cromwell, having received a re- inforcement from England, again took the field early in the spring. He made himself master of Kilkenny and Clonmel, the only places where he met with any vigorous resistance. The whole frame of the Irish union being in a manner dis- solved, Ormond soon after left the island and delegated his authority to Clanricarde, who found affairs so desperate as to admit of no remedy. The Irish were glad to embrace banishment as a refuge. Above forty thousand men passed into foreign service ; and Cromwell, well pleased to free the island from enemies who never could be cordially reconciled to the English, gave them full liberty and leisure for their embarkation. While Cromwell proceeded with such uninterrupted success in Ireland, which in the space of nine months he had almost entirely subdued, fortune was preparing for him a new scene of victory and triumph in Scotland. Charles Vas at the Hague when Sir Joseph Douglas brought him in- telligence that he was proclaimed king by the Scottish Par- liament. At the same time, Douglas informed him of the hard conditions annexed to the proclamation, and extremely damped that joy which might arise from his being recog- nized sovereign in one of his kingdoms. Cliarles, too, con- sidered that those who pretended to acknowledge his title were at that very time in actual rebellion against his family, HISTORY 01" ENGLAND. 509 and would be sure to intrust very little authority in his hands, and scarcely would afford him personal liberty and security. As the prospect of affairs in Ireland was at that time not unpromising, he intended rather to try his fortune in that kingdom, from which he expected more dutiful sub- mission and obedience. Meanwhile he found it expedient to depart from Holland. The people in the United Provinces were much attached to his interests. Besides his connection with the family of Orange, which was extremely beloved by the populace, all men regarded with compassion his helpless condition, and expressed the greatest abhorrence against the murder of his father — a deed to which nothing, they thought, but the rage of fanaticism and faction could have impelled the Parlia- ment. But though the public in general bore great favor to the king, the States were uneasy at his presence. They dreaded the Parliament, so formidable by their power and so prosperous in all their enterprises. They apprehended the most precipitate resolutions from men of such violent and haughty dispositions ; and after the murder of Dorislaus, they found it still more necessary to satisfy the English commonwealth by removing the king to a distance from them. [1650.] Dorislaus, though a native of Holland, had lived long in England ; and being employed as assistant to the high court of justice which condemned the late king, he had risen to great credit and favor with the ruling party. They sent him envoy to Holland ; but no sooner had he arrived at the Hague than he was set upon by some royalists, chiefly re- tainers to Montrose. They rushed into the room where he was sitting with some comj^any, dragged him from the table, put him to death as the first -('ictim to their murdered sovereign, very leisurely and peaceably separated them- selves ; and, though orders were issued by the magistrates to arrest them, these were executed with guch slowness and reluctance that the criminals had all of them the opportunity of making their escape. Charles, having passed some time at Paris, where no assistance was given him, and eVen few civilities were paid him, made his retreat into Jersey, where his authority was still acknowledged. Here Winram, Laird of Liberton, came to him as deputy from the Committee of Estates in Scotland, and informed him of the conditions to which he must neces- sarily submit before he could be admitted to the exercise of 510 HISTORY OF ENGLAND. his authority. Conditions more severe were never imposed by subjects upon tlieir sovereign ; but as the affairs of Ii-e- land began to decline, and the king found it no longer safe to venture himself in that island, he gave a civil answer to Winram^ and desired the commissioners to meet him at Breda, in order to enter into a treaty with regard to these conditions. The Earls of Cassilis and Lothian, Lord Burleigh, the Laird of Liberton, and other commissioners arrived at Breda, but without any power of treating ; the king must submit, without reserve, to the terms imposed upon him. The terms were tliat he should issue a proclamation, banish- ing from court all excommunicated persons — that is, all those who, either under Hamilton or Montrose, had ventured their lives for his family ; that no English subject who had served against the Parliament should be allowed to approach him ; that he should bind himself by his royal promise to take the covenant ; that he should ratify all acts of Parlia- ment by which Presbyterian government, the directory of worship, the confession of faith, and the catechism were established ; and that in civil affairs he should entirely con- form himself to the direction of Parliament, and in ecclesias- tical to that of the assembly. These proposals, the com- missioners, after passing some time in sermons and prayers, in order to express the more determined resolution, very solemnly delivered to the king. The king's friends were divided with regard to tlie part which he should act in this critical conjuncture. Most of his English counsellors dissuaded him from accejJting con- ditions so disadvantageous and dishonorable. They said that the men who now governed Scotland were the most furious and bigoted of that party which, notwithstanding his gentle government, had first excited a rebellion against the late king; after the most unlimited concessions, had renewed their rebellion, and stopped the progress of his victories in England ; and after he had intrusted his person to them in his uttermost distress, had basely sold him, together with their own honor, to his barbarous enemies : that they had as yet shown no marks of repentance, and even in the terms which they now proposed displayed the same anti-monarchical principles and the same jealousy of their sovereign by which they had ever been actuated : that nothing could be more dishonorable than that the king, in his first enterprise, should sacrifice, merely for the empty name of royalty, those HISTOEY OP ENGLAND. 511 principles for which his father had died a martyr, and in which he himself had been strictly educated : that by this hypocrisy he might lose the royalists, who alone were sin- cerely attached to him, but never would gain the Presby- terians, who were averse to his family and his cause, and would ascribe his compliance merely to policy and necessity : that the Scots had refused to give him any assurances of their intending to restore him to the throne of England ; and could they even be brought to make such an attempt, it had sufficiently appeared, by the event of Hamilton's en- gagement, how unequal their force was to so gi-eat an en- terprise : that on the first check which they should receive, Argyle and his partisans would lay hold of the quickest ex- pedient for reconciling themselves to the English Parliament, and would betray the king, as they had done his father, into the hands of his enemies; and that, however desperate the royal cause, it must still be regarded as highly imprudent in the king to make a sacrifice of his honor, where the sole purchase was to endanger his life or liberty. The Earl of Laneric, now Duke of Hamilton, the Earl of Lauderdale, and others of that party who had been banished their country for the late engagement, were then with the king ; and, being desirous of returning home in his retinue, they joined the opinion of the young Duke of Buckingham, and earnestly pressed him to submit to the conditions re- quired of him. It was urged that nothing would more grat- ify the king's enemies than to see him fall into the snare laid for him, and by so scrupulous a nicety leave the posses- sion of his dominions to those who desired but a pretence for excluding him ; that Argyle, not daring so far to oppose the bent of the nation as to throw off all allegiance to his sovereign, had embraced this expedient, by which he hoped to make Charles dethrone himself, and refuse a kingdom which was offered him ; that it was not to be doubted but the same national spirit, assisted by Hamilton and his party, would rise still higher in favor of their prince after he had intrusted himself to their fidelity, and would much abate the rigor of the conditions now imposed upon him ; that what- ever might be the present intentions of the ruling party, they must unavoidably be engaged in a war with England, and must accept the assistance of the king's friends of all jjarties, in order to support themselves against a power so much superior ; that how much soever a steady, uniform conduct might have been suitable to the advanced age and 512 HISTORY OF ENGJLAND. Strict engagements of the late king, no one would throw any blame on a young prince for complying with conditions which necessity had extorted from him ; that even the rigor of those principles professed by his father, though with some it had exalted his character, had been extremely prej- udicial to his interests ; nor could anything be more ser- viceable to the royal cause than to give all parties room to- hope for more equal and more indulgent maxims of govern- ment ; and that, where affairs were reduced to so desperate a situation, dangers ought little to be regarded ; and the king's honor lay rather in showing some early symptoms of courage and activity than in choosing strictly a party among theological controversies with which, it might be supposed, he was as yet very little acquainted. These arguments, seconded by the advice of the queen- mother, and of the Prince of Orange, the king's brother-in- law, who both of them thought it ridiculous to refuse a king- dom merely from regard to episcopacy, had great influence on Charles. But what chiefly determined him to comply was the account brought him of the fate of Montrose, who, with all the circumstances of rage and contumely, had been put to death by his zealous countrymen. Though in this instance the king saw more evidently the furious spirit by which the Scots were actuated, he had now no further re- source, and was obliged to grant whatever was demanded of him. Montrose, having laid down his arms at the command of the late king, had retired into France, and, contrary to his natural disposition, had lived for some time inactive at Paris. He there became acquainted with the famous Cardinal de lietz ; and that penetrating judge celebrates him in his me- moirs as one of those heroes of whom there are no longer any remains in the world, and who are only to be met with in Plutarch. Desirous of improving his martial genius, he took a journey to Germany, was caressed by the emperor, received the rank of mareschal, and proposed to levy a regi- ment for the imperial service. While employed for that purjjose in the Low Countries, he heard of the tragical death of the king ; and at the same time received from his young master a renewal of his commission as captain-general in Scotland.' His ardent and daring spirit needed but this authority to put him in action. He gathered followers in Holland and the north of Germany, whom his great reputa- » Burnet. Clareiidou. HISTORY OV ENGLAND. 513 tion allured to him. The King of Denmark and Duke of Holstein sent him some small supply of money ; the Queen of Sweden furnished him with arms ; the Prince of Orange with ships ; and Montrose, hastening his enterprise, lest the king's agreement with the Scots should make him revoke his commission, set out for the Orkneys with about five hun- dred men, most of them Germans. These were all the preparations which he could make against a kingdom settled in domestic peace, supported by a disciplined army, fully apprised of his enterprise, and prepared against him. Some of his retainers having told him of a prophecy that " To him, and him alone, it was reserved to restore the king's authority in all his dominions," he lent a willing ear to sug- gestions which, however ill-grounded or improbable, were so conformable to his own daring character. He armed several of the inhabitants of the Orkneys, though an unwarlike people, and carried them over with him to Caithness, hoping that the general affection to the king's service, and the fame of his former exploits, would make the Highlanders flock to his standard. But all men were now harassed and fatigued with wars and disorders. Many of those who- formerly adhered to him had been, severely pun- ished by the Covenanters, and no prospect of success was entertained in opposition to so great a force as was drawn together against him. But however weak Montrose's army, the memory of past events struck a great terror into the ■committee of estates. They immediately ordered Lesley and Holborne to march against him with an army of four thousand men. Strahan was sent before with a body of cavalry to check his progress. He fell unexpectedly on Montrose, who had no horse to bring him intelligence. The royalists were put to flight; all of them either killed or taken prisoners ; and Montrose himself, having put on the disguise of a peasant, was perfidiously delivered into the hands of his enemies by a friend to whom he had intrusted his person. All the insolence which success can produce in ungener- ous minds was exercised by the Covenanters against Mont- rose, whom they so much hated and so much dreaded. The- ological antipathy further increased their indignities towards a person whom they regarded as impious on account of the excommunication which had been pronounced against him. Lesley led him about for several days in the same low habit under which he had disguised himself. The vulgar, where- VoL. IV.— 33 514 HISTOKT OF BNGLAND. ever he passed, were instigated to reproach and vilify him. When he came to Edinburgh, every circumstance of elabor- ate rage and insult was put in practice by order of the Par- liament. At the .gate of the city he was met by the magis- trates, and put into a new cart, purposely made with a high chair or bench, where he was placed that the people might have a full view of him. He was bound with a cord drawn over his breast and shoulders, and fastened through holes made in the cart. The hangman then took off the hat of the noble prisoner and rode himself before the cart in his livery, and with his bonnet on ; the other officers who were taken prisoners with the marquis walking two and two before them. The populace, more generous and humane, when they saw so mighty a change of fortune in this great man, so lately their dread and terror, into whose hands the magis- trates, a few years before, had delivered on their knees the keys of the city, were struck with compassion, and viewed him with silent tears and admiration. The preachers, next Sunday, exclaimed against this movement of rebel nature, as they termed it, and reproached the people with their profane tenderness towards the capital enemy of piety and religion. When he was carried before the Pai-liament, which was then sitting, Loudon, the chancellor, in a violent declama- tion, repreached him with the breach of the national covenant" which he had subscribed ; his rebellion against God, the king, and the kingdom ; and the many horrible murders, treasons, and impieties, for which he was now to be brought to condign punishment. Montrose, in his answer, maintained the same superiority above his enemies to which, by his fame and great actions as well as by the consciousness of a good cause, he was justly entitled. He told the Parliament that since the king, as he was informed, had so far avowed their authority as to enter into a treaty with them, he now ap- peared uncovered before their tribunal — a respect which, while they stood in open defiance to their sovereign, they would in vain have required of him. That he acknowl- edged, with infinite shame and remorse, the errors of his eai-ly conduct, when their plausible pretences had seduced him to tread with them the paths of rebellion, and bear arras against Iiis prince and country. That his following services, lie hojjed, had sufliciently testified his repentance; and his death would now atone for that guilt, the only one HISTORY OP ENGLAND. 515 with which he cotild justly reproach himself. That in all his warlike enterprises he was warranted by that coramis- sion, which he had received from his and their master, against whose lawful authority they had erected their standard. That to venture his life for his sovereign was the least part of his merit ; he had even thrown down his arms in obedience to the sacred commands of the king, and liad resigned to them the victory which, in defiance of all their efforts, he was still enabled to dispute with them. That no blood had ever been shed by him but in the field of battle ; and many persons were now in his eye, many who now dared to pronounce sentence of death upon him, whose life, forfeited by the laws of war, he had formerly saved from the fury of the soldiers. That he was sorry to find no better testimony of their return to allegiance than the murder of so faithful a subject, in whose death the king's conmiission must be at once so highly injured and affronted. That as to himself, they had in vain endeavored to vilify and degrade him by all their studied indignities ; ■ the justice of his cause, he knew, would ennoble any for- tune ; nor had he other affliction than to see the authority of his prince, with which he was invested, treated with so much ignominy. And that he now joyfully followed, by a like unjust sentence, his late Sovereign ; and should be ha])py if, in his future destiny, he could follow him to the same blissful mansions, where his piety and humane virtues had already, without doubt, secured him an eternal recom- pense. Montrose's sentence was next jironouQced against him, " That he, James Graham " (for that was the only name they vouchsafed to give him), "should next day be carried to Edinburgh Cross, and there be hanged on a gibbet, thirty feet high, for the space of three hours ; then be taken down, his head be cut off upon a scaffold, and affixed to the prison ; his legs and arms be stuck upon the four chief towns of the kingdom ; his body be buried in the place ap- ])ropriated for common malefactors, except the Church, upon his repentance, should take off his excommuni- cation." The clergy, hoping that the terrors of immediate death had now given them an advantage over their enemy, flocked about him, 'and insulted over his fallen fortunes. They pronounced his damnation, and assured him that the judg- ment which he was so soon to suffer would prove but an 516 HISTORY OF ENGLAND. easy prologue to that which he must undergo hereafter. They next offered to pray with him ; but he was too well ac- quainted with those forms of imprecation which they called prayers. " Lord, vouchsafe yet to touch the obdurate heart of this proud, incorrigible sinner ; this wicked, per- jured, traitorous, and profane person, who refuses to hearken to the voice of thy Church." Such were the peti- tions which he expected they would, according to custom, offer up for him. He told them that they were a miserably deluded and deluding people, aiid would shortly bring their country under the most insupportable servitude to which any nation had ever been reduced. " For my part," added he, " I am much prouder to have my head affixed to the place where it is sentenced to stand than to have my pic- ture hang in the king's bedchamber. So far from being sorry that my quarters are to be sent to four cities of the kingdom, I wish I had limbs enow to be dispersed into all the cities of Christendom, there to remain as testimonies in favor of the cause for which I suffer." This sentiment, that very evening, while in prison, he threw into verse. The poem remains-'-a signal monument of his heroic spirit, and no despicable proof of his poetical genius. Now was led forth, amid the insults of his enemies and the tears of the people, this man of illustrious birth and of the greatest renown in the nation, to suffer, for his adhering to the laws of his country and the rights of his sovereign, the ignominious death destined to the meanest malefactor. E^ery attempt which the insolence of the governing party had made to subdue his spirit had hitherto proved fruitless. They made yet one effort more in this last and melancholy scene, when all enmity arising from motives merely human is commonly softened and disarmed. The executioner brought that book, which had been published in elegant Latin, of his great military actions, and tied it by a cord about his neck. Montrose smiled at this new instance of their malice. He thanked them, however, for their officious zeal ; and said that he bore this testimony of his bravery and loyalty witli more pride than he had ever worn the Garter. Plaving asked whether they had any more in- dignities to put upon him, and renewing some devout ejaculations, he patiently endured the last act of the exe- cutioner. Thus perished, in the thirty-eighth year of his age, the gallant Marquis of Montrose, the man whose military HISTORY OF ENGLAND. 517 genius, both by valor and conduct, had shone forth beyond any which, during these civil disorders, had appeared in the three kingdoms. The finer arts, too, he had in his youth successfully cultivated ; and whatever was sublime, elegant, or noble touched his great soul. Nor was he in- sensible to the pleasures either of society or of love. Some- thing, however, of the vast and unbounded characterized his actions and deportment; and it was merely by an heroic effort of duty that he brought his mind, impatient of supe- riority, and even of equality, to pay such unlimited submis- sion to the will of his sovereign. The vengeance of the Covenanters was not satisfied with Montrose's execution. Urrey, whose inconstancy now led him to take part with the king, suffered about tlie same time. Spotiswood of Daersie, a youth of eighteen. Sir Francis Hay of Dalgetie, and Colonel Sibbald, all of them of birth and character, underwent a like fate. These were taken prisoners with Montrose. The Marquis of Huntley, about a year before, had also fallen a victim to the severity of the Covenanters. The past scene displays in a fulj light the barbarity of this theological faction ; the sequel will sufficiently display their absurdity. The king, in consequence of his agreement with the com- missioners of Scotland, set sail for that country ; and being escorted by seven Dutch ships of war, who were sent to guard the herring fishery, he arrived in the frith of Ci'o- marty. Before he was permitted to land, he was I'equired to sign the covenant ; and many sermons and lectures were made him exhorting him to persevere in that holy confed- eracy.-"" Hamilton, Lauderdale, Dumfermling, and other noblemen of that party whom they called Engagers, were immediately separated from him, and obliged to retire to their houses, where they lived in a private manner without trust or authority. None of his English friends who had served his father were allowed to remain in the kingdom. The king himself found that he was considered as a mere pageant of state, and that the few remains of royalty which he possessed served only to draw on him the greater in- dignities. One of the quarters of Montrose, his faithful servant who had borne his commission, had been sent to Aberdeen, and was still allowed to hang over the gates "> Sir Edward Walker's Historical Discourses, p. 159. 518 HISTORY OF ENGLAND. when he passed by that place.^^ The general assembly, and afterwards the committee of estates and tlie army, who were entirely governed by the assembly, set forth a public declaration in Which they protested " that they did not es- ]iOHse any malignant quarrel or party, but fought merely on their former grounds or principles ; that they disclaimed all the sins and guilt of the king and of his house ; nor would they own him or his interest otherwise than with a subor- dination to God, and so far as he owned and prosecuted the cause of God and acknowledged the sins of his house and of his former ways." ^^ The king, lying entirely at mercy, and having no assurance of life or liberty further than was agreeable to the fancy of these austere zealots, was constrained to embrace a measure which nothing but the necessity of his affairs and his great youth and inexperience could excuse. He issued a declara- tion such as they required of him." He there gave thanks for the merciful dispensations of Providence by which he was recovered from the snare of evil counsel, had attained a full persuasion of the righteousness of the covenant, and was induced to cast himself and his interests wholly upon God. He desired to be deeply humbled and afflicted in spirit because of his father's following wicked measures, opposing the covenant and the work of reformation, and shedding the blood of God's people throughout all his do- minions. He lamented the idolatry of his mother, and the toleration of it in his father's house — a matter of great offence, he said, to all the Protestant churches, and a great provocation to hini who is a jealous God, visiting the sins of the father upon the children. He professed that he would have no enemies but the enemies of the covenant; and that he detested all popery, superstition, prelacy, heresy, schism, and profaneness ; and was resolved not to tolerate, much less to countenance, any of them in any of his dominions. He declared that he should never love or favor those who had so little conscience as to follow his interests in preference to the Gospel and the kingdom of Jesus Christ. And he expressed his hope that, whatever ill success his former guilt might have drawn upon his cause, yet now, having obtained mercy to be on God's side and to acknowledge his own cause subordinate to that of God, divine Providence would crown his arms with victory. 11 Sir Edward Walker's Historical Discourses, p. 160. " Sir Edward Walker's Historical Discourses, pp. 160, 167 >3 sir Edward Walker's Historical Discourses, p. 170. HISTORY OF ENGLAND. 519 Still the Covenanters and the clergy were diffident of the king's sincerity. Tlie facility which he discovered in yield- ing whatever was required of him made them suspect that he regarded his concessions merely as ridiculous farces to which he must of necessity submit. TheCy had another trial prepared for him. Instead of the solemnity of his corona^ tion, which was delayed, they were resolved that he should pass through a public humiliation, and do penance before the whole people. They sent him twelve articles of repen- tancQ which he was to acknowledge ; ahd the king had agreed that he would submit to this indignity. The various transgressions of his father and grandfather, together with the idolatry of his mother, are again enumerated and aggravated in these articles ; and further declarations were insisted on, that he sought the restoration of his rights for the sole advancement of religion, and in subordination to the kingdom of Christ." In short, having exalted the altar above the throne and brought royalty under their feet, the clergy were resolved to trample on it and vilify it by every instance of contumely which their present influence enabled them to impose upon their unhappy prince. Charles in the mean time found his authority entirely annihilated, as well as his character degraded. He was consulted in no public measure. He was not called to assist at any councils. His favor was sufficient to discredit any pretender to office or advancement. All efforts which he made to unite the opijosite parties increased the suspicion which the Covenanters had entertained of him, as if he were not entirely their own. Argyle, who, by subtleties and compliances, was partly led and partly governed by this wild faction, still turned a deaf ear to all advances which the king made to enterinto confidence with him. Malignants and engagers continued to be the objects of general hatred and persecution ; and whoever was obnoxious to the clergy failed not to have one or other of these epithets affixed to him. The fanaticism which prevailed, being so full of sour and angry principles, and so overcharged with various antip- athies, had acquired a new object of abhorrence : these were the sorcerers. So prevalent was tlie opinion of witch- craft that great numbers accused of that crime were burned, by sentence of the magistrates, throughout all parts of Scotland. In a village near Berwick, which contained only " Sir Edward Walker's Historical Discourses, p. 178. 520 HISTOKT OF ENGLAND. fourteen houses, fourteen persons were punished by fire ;^^ and it became a science, everywhere much studied and cultivated, to distinguish a true witch by proper trials and symptoras.^^ The advance of the English army under Cromwell was not able to appease or soften the animosities among the parties in Scotland. The clergy were still resolute to exclude all but their most zealoirs adherents. As soon as the Eng- lish Parliament found that the treaty between tlie king and the Scots would probably terminate in an accommodation, they made preparations for a war which they saw would in the end prove inevitable. Cromwell, having broken the force and courage of the Irish, was sent for ; and he left the command of Ireland to Ireton, who governed that kingdom in the character of deputy, and with vigilance and industry persevered in the work ,of subduing and expelling the natives. It was expected that Fairfax, who still retained the name of general, would continue to act against Scotland, and appear at the head of the forces — a station for which he was well qualified, and where alone he made any figure. But Fairfax, though he had allowed the army to make use of liis name in murdering their sovereign and offei'ing violence to the Parliament, had entertained insurmountable scruples against invading the Scots, whom he considered as zealous Presbyterians, and united to England by the sacred bands of the covenant. He was further disgusted at the extremi- ties into which he had already been hurried ; and was con- firmed in his repugnance by the exhortations of his wife, who had great influence over him, and was herself much governed by the Presbyterian clergy. A committee of Parliament was sent to reason with him, and Cromwell was of the number. In vain did they urge that the Scots had first broken the covenant by their invasion of England under Hamilton, and that they would surely renew their hostile attempts if not prevented by the vigorous measures of the commonwealth. Cromwell, who knew the riwjd inflexibility of Fairfax in everything which he regarded as matter of principle, ventured to solicit him with the utmost earnestness, and went so far as to shed tears of grief and vexation on the occasion. No one could suspect any ambi- tion in the man who labored so zealously to retain liis gen- eral in that high office which, he knew, he himself was alone 1' Whitloeke, pp. 404, 408. w Whitlocke, pp. 396, 418. HISTORY OP ENGLAND. 521 entitled to fill. The same warmth of temper which made ' Cromwell a frantic enthusiast rendered him the most dan- gerous of hypocrites ; and it was to this turn of mind, as much as to his courage and capacity, that he owed all his wonderful successes. By the contagious ferment of his zeal he engaged every one to co-o]ierate with him in his measui'es ; and, entering easily and affectionately into every part which he was disposed to act, he was enabled, even after multiplied deceits, to cover, under a tempest of passion, all his crooked schemes and profound artifices. Fairfax having resigned his commission, it was bestowed on Cromwell, who was declared captain-general of all the forces in England. This command, in a commonwealth ■which stood entirely by arms, was of the utmost importance and was the chief step which this ambitious politician had yet made towards sovereign power. He immediately marched his forces, and entered Scotland with an army of sixteen thousand men. The command of the Scottish army was given to Lesley, an experienced officer, who formed a very proper plan of defence. He intrenched himself in a fortified camp between Edinburgh and Leith, and took care to remove from the counties of Merse and the Lothians everything which could serve to the subsistence of the English army. Cromwell advanced to the Scotch camp, and endeavored by every expedient to bring Lesley to a battle ; the prudent Scotch- man knew that, though superior in numbers, his army was much inferior in discipline to the English, and he carefully kept himself within his intrenchments. By skirmishes and small rencounters he tried to confirm the spirits of his sol- diers, and he was successful in these enterprises. His army daily increased both in number and courage. The(king came to the camp, and having exerted himself in an action, gained on the affections of the soldiery, who were more desirous of serving under a young prince of spirit and vivac- ity than under a committee of talking gownmen. The clergy were alarmed. They ordered Charles immediately to leave the camp. They also purged it carefully of about four thousand majignants and engagers, whose zeal had led them to attend the king, and who were the soldiers of chief credit and experience in the nation." They then concluded that they had an army composed entirely of saints, and could not be beaten. They murmured extremely not only " Sir Edward Walker, p. 165. 522 HISTORY OF ENGLAND. against theiv prudent general, but also against the Lord, on account of his delays in giving them deliverance ; '* and they plainly told Uun that if he would not save them fi-oin the English sectaries, he should no longer be their God." An advantage having offered itself on a Sunday, they hindered the general from making use of it lest he should involve the nation in the guilt of Sabbath-breaking. Cromwell found himself in a very bad situation. He had no provisions but what he received by sea. He had not had the precaution to bring these in sufficient quantities, and hi.s army was reduced to difficulties. He retired to Dunbar. Le.sley followed him, and he encamped on the heights of Laramermure, which overlook that town. There lay many difficult passes between Dunbar and Berwick, and of these Lesley had taken possession. The English general was re- duced to extremities. He had even embraced a resolution of sending by sea all his foot and artillery to England, and of breaking through at all hazards with his cavalry. The madness of the Scottish ecclesiastics saved him from this loss and dishonor. Night and day the ministers had been wrestling with the Lord in prayer, as they term it ; and they fancied that they had at last obtained the victory. Revelations, they said, were made them that the sect.arian and heretical army, to- gether with Agag, meaning Cromwell, was delivered into their hands. Upon the faith of these visions, they forced their general, in spite of his remonstrances, to descend into the plain with a view of attacking the English in their retreat. Cromwell, looking thi'ough a glass, saw the enemy's camp in motion, and foretold, without the help of revela- tions, that the Lord had delivered them into his hands. He gave orders immediately for an attack. In this battle it was easily observed that nothing in military actions can sup- ply the place of discipline and experience ; and that, in the presence of real danger, where men are not accustomed to it, the fumes of enthusiasm presentl}' dissipate and lose their influence. The Scots, though double in number to tlie English, were soon put to flight, and jjursued with great slaughter. The chief if not only resistance was made by one regiment of Highlanders, that part of the army which was the, least infected with fanaticism. No victory could be more complete than this which was obtained by Crom- well. About three thousand of the enemy were slain, and ■> Sir Edward Walker, p. 168. »' Whitlocke, p. 449. HISTORY OF ENGLAND. 523 nine jthousand taken prisoners. Cromwell pursued his ad- vantage, and took possession of Edinburgh and Leith. The remnant of the Scottish army fled to Stii'ling. The approach of the winter season, and an ague which seized Cromwell, kept him from pushing the victory any furtlier. The clergy made great lamentations, and told the Lord that to them it was little to sacrifice their lives and estates, but to him it was a great loss to suffer his elect to be de- stroyed.^" They published a declaration containing the cause of their late misfortunes. These visitations they ascribed to the manifold i)rovocations. of the king's house, of which they feared he had not yet thoroughly repented ; the secret intrusion of malignants into the king's family and even into the camp ; the leaving of a most malignant and profane guard of horse, who, beirg sent for to be purged, came two days before the defeat, and were allowed to fight with the army ; the owning of the king's quarrel by many without subordination to religion and liberty ; and the carnal self- seeking of some, together with the neglect of family prayers by others. Cromwell, having been so successful in the war of the sword, took up the pen against the Scottish ecclesiastics. He wrote them some polemical letters, in which he main- tained the chief points of the Independent thaolagy. He took care lilcewise to retort on tliera their favorite argument of providence, and asked them whether the Lord had not declared against them ? But the ministers thought that the same events which to their enemies were judgments, to them were trials ; and they replied that the Lord had only hidden his face for a time from Jacob. But Cromwell in- sisted that the appeal had been made to God in the most express and solemn manner, and that, in the field of Dunbar, an irrevocable decision had been awarded in favor of the English army." »> Sir Edward Walker. «i This is the best of Cromwell's wretched compositions that remain, and we shall here extract a passage out of it : " You say you have not so learned Christ as to hang the equity of your cause upon events. We could wish Ihat blindness had not been upon your eyes to all those marvellous dispensations which God had wrought lately in England. But did not you solemnly appeal and pray ? Did not we do so too? And ought not we and you to think, with fear and trem- bling, of the hand of the great God in this mighty and strange appearance of his, but can sli"htlv call it an event ? Were not both your and our expectations renewed from tinie°to time, while we waited on God, to see which way he would manifest liinmelf upon our appeals? And shall we, after all these our prayers, fastings, teai-s, expectations, and solemn appeals, call these mere events ? The Lord pity you ! Surely we fear, because it has been a merciful and a gracious deliverance " i beseech you in the bowels of Christ, search after the mind of the Lord in 524 HISTORY OF ENGLAND. [1651.J The defeat of the Scots was regarded by the king as a fortunate event. The armies wliieh fought on both sides were almost equally his enemies ; and the van- quished were now obliged to give him some more authority, and apply to him for support. The Parliament was sum- moned to meet at St. Johnstone's. Hamilton, Lauderdale, and all the engagers were admitted into court and oamp, on condition of doing public penance and expressing re- pentance for their late transgressions. Some malignants also crept in under various pretences. The intended humiliation or penance of the king was changed into the ceremony of his coronation, which was performed at Scone with great pomp and solemnity. But amid all this appearance of re- spect, Charles remained in the hands of the most rigid Cove- nanters ; and, though treated with civilitj^ and courtesy by Argyle, a man of parts and address, he was little better than a prisoner, and was still exposed to all the rudeness and pedantry of the ecclesiastics. This young prince was in a situation which verj- ill suited his temper and disposition. All those good qualities which he possessed — his affability, his wit, his gayety, his gentle- manlike, disengaged behavior — were here so many vices; and his love of ease, liberty, and pleasure was regarded as the highest enormity. Though artful in the practice of courtly dissimulation, the sanctified style was utterly un- known to him, and he never could mould his deportment into that starched grimace which the Covenanters required as an infallible mark of conversion. The Duke of Bucking- ham was the only English courtier allowed to attend him, and by his ingenious talent for ridicule he had rendered himself extremely agreeable to his master. While so many objects of division surrounded them, it was difficult to be altogether insensible to the temptation, and wholly to sup- press the laugh. Obliged to attend, from morning to niglit at prayers and sermons, they betrayed evident symptoms of weariness or contempt. The clergy never could esteem the king sufficiently regenerated ; and "by continual exhortations, remonstrances, and reprimands, they still endeavored to brir.g him to a juster sense of his spiritual duty. The king's passion for the fair could not altogether be restrained. lie had once been observed using some^familiar- it towards you, and we shall Iielp you by our prayers that you may find it. For yet, if we know our heart at all, our bowels do in Clirist yearn after the sodlv in Scotland."— Thurloe, vol. 1. p. 158. ^ ^ HISTOKY OP ENGLAND. 525 ities with a young woman ; and a committee of ministers was appointed, to reprove him for a behavior so unbecoming a covenanted monarch. The spokesman of the committee, one Douglas, began with a severe aspect, informed the king that great scandal had been given to the godly, enlarged on the heinous nature of sin, and concluded with exhorting his majesty, whenever he was disposed to amuse himself, to be more careful, for the future, in shutting the windows. This delicacy, so unusual to the place and to the character of the man, was remarked by the king, and he never forgot the obligation. The king, shocked at all the indignities, and perhaps still, more tired with all the formalities to which he was obliged to submit, made an attempt to regain his liberty. General Middleton, at the head of some royalists, being proscribed by the Covenanters, kept in the mountains, expecting some opportunity of serving his master. The king resolved to join this body. He secretly made his escape from Argyle, and fled towards the Highlands. Colonel Montgomery, with a troop of horse, was sent in pursuit of him. He overtook the king, and persuaded him to return. The royalists, being too weak to support him, Charles was the more easily in- duced to comply. This incident procured him afterwards better treatment and more authority, the Covenanters being afraid of driving him by their rigors to some desperate reso- lution. Argyle renewed his courtship to the king, and the king, with equal dissimulation, pretended to repose great confidence in Argyle. He even went so far as to drop hints of his intention to marry that nobleman's daughter ; but he had to do with a man too wise to be seduced by such gross artifices. As soon as the season would permit, the Scottish army was assembled under Hamilton and Lesley, and the king was allowed to join the camp. The forces of the western counties, notwithstanding the imminent danger which threatened their country, were resolute not to unite their cause with that of an army which admitted any engagers or malignants among them, and they kept in a body' apart under Ker. They called themselves the protesters, and their frantic clergy declaimed equally against the king and against Cromwell. The other party were denominated res- olutioners ; and these distinctions continued long after to divide and agitate the kingdom. Charles encamped at the Torwood, and his generals re- 526 HISTORY OF EJJGLAND. solved to conduct themselves by the same cautious maxims which, so long as they wei-e embraced, had been succcessful during the former campaign. The town of Stirling lay at his back, and the whole north supplied him with provisions. Strong intrenehments defended his front, and it was in vain that Cromwell made every attempt to bring him to an en- gagement. After losing much time, the English general sent Lambert over the frith into Fife, with an intention of cutting off the provisions of the enemy. Lambert fell upon Holborne and Brown, who commanded a party of the Scots, and put them to rout with great slaughter. Cromwell also passed over with his whole army, and, lying at the back of the king, made it impossible for him to keep his post any longer. Charles, reduced to despair, embraced a resolution worthy of a young prince contending for empire. Having the way open, he resolved immediately to march into England, where he expected that all his friends, and all those who were dis- contented with the present government, would flock to his standard. He persuaded the generals to enter into the same , views ; and with one consent the army, to the number of ' fourteen thousand men, rose from their camp, and advanced \ by great journeys towards the south. Cromwell was surprised at this movement of the royal array. Wholly intent on offending his enemy, he had ex- posed his friends to imminent danger, and saw the king with numerous forces marching into England, where his presence, from the general hatred which prevailed against the Parlia- , ment, was capable of producing some great revolution. But if this conduct was an oversight in Cromwell, he quicklv re- paired it by his vigilance and activity. Ho despatched let- ters to the Parliament, exhorting them not to be dismayed at the approach of the Scots ; he sent orders everywhere for assembling forces to oppose the king ; he ordered Lambert with a body of cavalry to hang upon the rear of the royal army and infest their march ; and he himself, leaving Monk with seven thousand men to complete the reduction of Scot- land, followed the king with all the expedition possible. Charles found himself disappointed in his expectations of increasing his army. The Scots, terrified at the prospect of so hazardous an enterprise, fell off in great numbers. The English Presbyterians, having no warning given them of the king's approach, were not prepared to "join him. To the royalists this measure was equally unexpected, and they were HISTOEY OF BXGLAND. 527 further deterred from joining the Scottisli army by the or- ders which the committee of ministers had issued, not to admit any, even in this desperate extremity, who would not subscribe the covenant. The Earl of Derby, leaving the Isle of Man, where he had hitherto maintained his indepen- dence, was employed in levying forces in Cheshire and Lan- cashire, but was soon supi:)ressed by a party of the parlia- mentary army ; and the king, when he arrived at Worcester, found that his forces, extremely harassed by a hasty and fatiguing march, were not more numerous than when he rose from his camp in the Torwood. Such is the influence of established government that the commonwealth, though founded in usurpation the most un- just and unpopular, had authority sufficient to raise every- where the militia of the counties ; and these, united with the regular forces, bent all their efforts against the king. ; With an army of about thirty thousand men, Cromwell fell upon Worcester, and, attacking it on all sides, and meeting with little resistance, except from Duke Hamilton and Gen- eral Middleton, broke in upon the disordered royalists. The streets of the city were strewn with dead. Hamilton, a nobleman of bravery and honor, was mortally wounded ; Massey wounded and taken prisoner; the king himself, hav- ing given many proofs of personal valor, was obliged to fly. The whole Scottish army was either killeff or taken pris- oners. The country people, inflamed with national antip- athy, put to death the few that escaped from the field of battle. The king left Worcester at six o'clock in the afternoon, and, without halting, travelled about twenty-six miles in company with fifty or sixty of his friends. To provide for his safety, he thought it best to separate himself from his companions, and he left them without communicating his intentions to any of them. By the Earl of Derby's direc- tions he went to Boscobel, a lone house in the borders of Staffordshire, inhabited by one Penderell, a farmer. To this man Charles intrusted himself. The man had dignity of sentiments much above his condition, and though death was denounced against all who concealed the king, and a great reward promised to any one who should betray him, he professed and maintained unshaken fidelity. He took the assistance of his four brothers, equally honorable with himself, and having clothed the king in a garb like their own, they led hiui into the neighboring wood, put a bill into his ,528 HISTORY OF ENGLAND. hand, and pretended to employ themselves in cutting fagots. Some nights he lay upon straw in the house, and fed on such homely fare as it afforded. For a better concealment he mounted upon an oak, where he sheltered himself ainongthe leaves and branches for twenty-four hours. lie saw several soldiers pass by. All of them were intent in search of the king, and some expressed, in his hearing, their earnest wishes of seizing him. This tree was afterwards denominated tlie royal oak, and for many years was regarded by the neigh- borhood with great veneration. Charles was in the middle of the kingdom, and could neither stay in his retreat nor stir a step from it without the most imminent danger. Fear, hopes, and party zeal, inter- ested multitudes to discover him, and even the smallest indiscretion of his friends might prove fatal. Having joined Lord Wilmot, who was skulking in the neighborhood, they agreed to put themselves into the hands of Colonel Lane, a zealous royalist, who lived at Bentley, not many miles distant. The king's feet were so hurt by walking about in heavy boots or countrymen's shoes which did not fit him, that he was obliged to mount on horseback ; and he travelled in this situation to Bentley, attended by the Penderells, who had been so faithful to him. Lane formed a scheme for his journey to Bristol, where, it was hoped, he would find a ship in which he miglit transport himself. He had a near kins- woman,^Mrs. Norton, who lived within three miles of that city, and was with child, very near the time of her delivery. He obtained a pass (for during those times of confusion this precaution was requisite) for his sister, Jane Lane, and a servant, to travel towards Bristol, under pretence of visiting and attending her relation. The king rode before the lady and personated the servant. Wlien they arrived at Norton's, Mrs. Lane pretended that she had brought along as her servant a poor lad, a neighboring farmer's son, who was ill of an ague, and she begged a private room for him, where he might be quiet. Though Charles kept himself retired in this chamber, the butler, one Pope, soon knew him. The king was alarmed, but made the butler promise that he would keep the secret from every mortal, even from his master ; and he was faith- ful to his engagement. No ship, it was found, would for a month set sail from Bristol, either for France or Spain, and the king was obliged to go elsewhere for a passage. He intrusted him- HISTORY OF ENGLAND, 529 self to Colonel Windham, of Dorsetshire, an affectionate partisan of the royal family. The natural effect of the long civil wars, and of the furious rage to which all men were wrought up in their different factions, was, that every one's inclinations and affections were thoroughly known ; and even the courage and fidelity of most men, by the variety of incidents, had been put to trial. The royalists, too, had many of them been obliged to make concealments in their houses for themselves, their friends, or more valuable ef- fects, and the arts of eluding the enemy had been frequently practised. All these circumstances proved favorable to the king in the present exigency. As he often passed through the hands of Catholics, the '■ priest's hole," as they called it, the place where they were obliged to conceal their perse- cuted priests, was sometimes employed for sheltering their distressed sovereign. Windham, before he received the king, asked leave to intrust the important secret to his mother, his wife, and four servants, on whose fidelity he could rely. Of all these, no one proved wanting either in honor or discretion. The venerable old matron, on the reception of her royal 'guest, expressed the utmost joy that, having lost, w^ithout regret, three sons and one grandchild in defence of his father, she was now reserved, in her declining years, to be instrumental in the preservation of himself. Windham told the king that Sir Thomas, his father, in the year 1636, a few days before his death, called to him his five sons : " My children," said he, " we have hitherto seen> serene and quiet times under our three last sovereigns, but I must now warn you to prepare for clouds and storms. Factions arise on every side and threaten the tranquillity of your native country. But, whatever happen, do you faithfully honor and obey your prince, and adhere to the crown. I charge you never to forsake the crown, though it should hang upon a bush." " These last words," added Windham, "made such impres- sions on all our breasts that the many afflictions of these sad times could never efface their indelible characters." From innumerable instances it appears how deep-rooted in the minds of the English gentry of that age was the principle of loyalty to their sovereign — that noble and generous prin- ciple, inferior only in excellence to the more enlarged and moi-e enlightened affection towards a legal constitution. But during those times of military usurpation, these pas- sions were the same. Vol. IV.— 34 530 HISTOEY OF BNGLA-N-D. The king continued several days in Windham's house, and all his friends in Britain, and in every part of Europe, remained in the most anxious suspense with regard to his fortunes. No one could conjecture whether he were dead or alive ; and the report of his death being generally be- lieved, happily relaxed the vigilant search of his enemies. Trials were made to procure a vessel for hi» escape, but he still met with disappointments. Having left Windham's house, he was obliged again to return to it. He passed through many other adventures, assumed different disguises, in every step was exposed to imminent perils, and received daily proofs of uncorrupted fidelity and attachment. The sagacity of a smith, who remarked that his horse's shoes had been made in the north, and not in the west, as he pre- tended, once detected him, and he narrowly escaped. At Shoreham, in Sussex, a vessel was at last found, in which he embarked. He had been known to so many, that if he had not set sail in that critical moment, it had been impos- sible for him to escape. After one-and-forty days' conceal- ment, he arrived safely at Fescamp, in Normandy. No less than forty men and women had, at different times, been privy to his concealment and escape.'''^ The battle of Worcester afforded Cromwell what he called his " crowning mercy." ^* So elated was he that he intended to have knighted, in the field, two of his generals, Lambert and Fleetwood, but was dissuaded by his friends from exerting this act of regal authority. His power and ambition were too great to brook submission to the empty name of a republic, which stood chiefly by his influence and was supported by his victories. How early he entertained thoughts of taking into his hand the reins of government is uncertain. We are only assured that he now discovered to his intimate friends these aspiring views, and even ex- pressed a desire of assuming the rank of king, which he had contributed, with such seeming zeal, to abolish.'" The little popularity and credit acquired by the repub- licans further stimulated the ambition of this enterprising politician. These men had not that large thought nor those comprehensive views which might qualify them for acting the part of legislators ; selfish aims and bigotry chiefly en- grossed their attention. They carried their rigid austerity so far as to enact a law declaring fornication, after the first 22 Heatlie's Chronicle, p. 301. ^ Parliamentary Itistory, vol. xx. v). 47, M Whitlooke, p. 523. HISTORY OP ENGLAND. 531 act, to be felony, without benefit of clergy.^ They made small progress in that important work which they professed to have so much at heart — the settling of a new model of representation, and fixing a plan of government. The na- tion began to apprehend that they intended to establish themselves as a perpetual legislature, and to confine the whole power to sixty or seventy persons, who called them- selves the Parliament of the commonwealth of England. And while they pretended to bestow new liberties upon the nation, they found themselves obliged to infi-inge even the most valuable of those which, through time immemorial, had been transmitted from their ancestors. Not daring to intrust the trials of treason to juries, who, being chosen in- differently from among the people, would have been little favorable to the commonwealth, and would have formed their verdict upon the ancient laws, they eluded that noble institution by which the government of this island has ever been so much distinguished. They had evidently seen in the trial of Lilburn what they could expect from juries. This man, the most turbulent, but the most upright and courageous, of human kind was tried for a transgression of the new statute of treasons ; but though he was plainly guilty, he was acquitted, to the great joy of the people. Westminster Hall — nay, the whole city — rang with shouts and acclamations. Never did any established power receive so strong a declaration of its usurpation and invalidity ; and from no institution besides the admirable one of juries could be expected this magnanimous effort. That they might not for the future be exposed to af- fronts which so much lessened their authority, the Parlia- ment erected a high court of justice, which was to receive indictments from the council of state. This court was com- posed of men devoted to the ruling party, without name or character, determined to sacrifice everything to their own safety or ambition. Colonel Eusebius Andrews and Colo- nel Walter Slingsby were tried by this court for conspira- cies, and condemned to death. They were royalists, and refused to plead before so illegal a jurisdiction. Love, Gib- bons, and other Presbyterians, having entered into a plot against the republic, were also tried, condemned, and exe- cuted. The Earl of Derby, Sir Timothy Featherstone, ^^ Scobel, p. 121. A bill was introduced into the House against painting, patches, and other immodest dress of women, but it did not pass.— Parliamentary pistory, vol, xix. p. 263. 532 HISTOET OF ENGLAND. Bemboe, being taken prisoners after the battle of Worces- ter, were put to death by sentence of a court-martial— a method of proceeding declared illegal by that very Petition of Right for which a former Parliament" had so sti-enuously contended, and which, after great efforts, they had extorted from the king. Excepting their principles of toleration, the maxims by which the republicans regulated ecclesiastical affairs no more prognosticated any durable settlement than those by which they conducted their civil concerns. Tlie Presbyte- rian model of congregation, classes, and assemblies was not allowed to be finished ; it seemed even the intention of many leaders in the Parliament to admit of no established Church, and to leave every one, without any guidance of the magistrate, to embrace whatever sect and to support whatever clergy were most agreeable to him. The Parliament went so far as to make some approaches, in one province, to their Independent model. Almost all the clergy of Wales being ejected as malignants, itinerant preachers with small salaries were settled, not above four or five in each county ; and these being furnished with horses at the public expense, hurried from place to place, and car- ried, as they expressed themselves, the glad tidings of the Gospel.^" They were all of them men of the lowest birth and education, who had deserted mechanical trades to fol- low this new profession ; and in this particular, as well as in their wandering life, they pretended to be more truly apostolical. The republicans, both by the turn of their disposition and by the nature of the instruments which they employed, were better qualified for acts of force and vigor than for the slow and deliberate work of legislation. Notwithstanding the late wars and bloodshed and the present factions, the power of England had never, in any period, appeared so formidable to the neighboring kingdoms as it did at this time, in the hands of the commonwealth. A numerous army served equally to retain every one in implicit subjection to established authority, and to strike a terror into foreign na- tions. The power of peace and war was lodged in the same hands with that of imposing taxes ; and no difference of views among the several members of the legislature could any longer be apprehended. The present impositions, though much superior to what had ever formerly been ex- 's Dr. John Walker's Attempt, p. 117, et seq. HISTORY OF ENGLAND. 533 perienced, weve in reality moci orate, and what a nation so opulent could easily bear. The military genius of the peo- ple had, by the civil contests, been roused from its former lethargy, and excellent officers were formed in every branch of service. The confusion into which all things had been thrown had given opportunity to men of low stations to break through their obscurity, and to raise themselves by their courage to commands which they were well qualified to exercise, but to wliich their birth could never have en- titled them ; and while so great a power was lodged in such active hands, no wonder the republic was successful in all its enterprises. Blake, a man of great courage and a generous dispo- sition, the same person who had defended Lyme and Taun- ton with such unshaken obstinacy against the late king, was made an admiral ; and though he had hitherto been accustomed only to land service, into which, too, he had not entered till past fifty years of age, he soon raised the naval glory of the nation to a greater height than it had ever .attained in any former period. A fleet was put under his command, and he received orders to pursue Prince Ru- pert, to whom the king had intrusted that squadron which had deserted to him. liupert took shelter in Kinsale ; and escaping thence, fled towards the coast of Portugal. Blake pursued and chased him into the Tagus, where he intended to make an attack upon him. But the King of Portugal, moved by the favor which, throughout all Europe, attended the royal cause, refused Blake admittance, and aided Prince Rupert in making his escape. To be revenged of this partiality, the English admiral made prize of twenty Portuguese ships richly laden ; and he threatened still fur- ther vengeance. The King of Portugal, dreading so dan- gerous a foe to his newly acquired dominion, and sensible of the unequal contest in which he was engaged, made all possible submissions to the haughty republic, and was at last admitted to negotiate the renewal of his alliance with England. Prince Rupert, having Ijst a, great part of his squadron on the coast of Spain, made sail towards the West Indies. His brother. Prince Maurice, was there shipwrecked in a hurricane. Everywhere this squadron subsisted by privateering, sometimes on English, sometimes on Spanish vessels. And Rupert at last returned to Prance, where he disposed of the remnant of his fleet, together with his prizes. All the settlements in America, except New England, 534 HISTOBT OF ENGLAND. ■which had been planted entirely by the Puritans, adhered to tlie royal party, even after the settlement of the vejjub- lic ; and Sir George Aysoue was sent with a squadron to re- duce them. Bermudas, Antigua, and Virginia were soon subdued. Barbadoes, commanded by Lord Willoughbj' of Parham, made some resistance, but was at last obliged to submit. With equal ease were Jersey, Guernsey,^ Scilly, and the Isle of Man brought under subjection to the republic ; and the sea, which had been much infested by privateers from these islands, was rendered safe to the English commei-ce. The Countess of Derby defended the Isle of Man, and with great reluctance yielded to the necessity of surrendering to the enemy. This lady, a daughter of the illustrious house of Trimoille, in France, had during the civil war displayed a manly courage by her obstinate defence of Latham House against the parliamentary forces ; and she retained the glory of being the last person in the three kingdoms, and in all their dependent dominions, who submitted to the victorious commonwealth." Ireland and Scotland were now entirely subjected and reduced to tranquillity. Ireton, the new deputy of Ireland, at the head of a numerous army, thirty thousand strong, prosecuted the work of subduing the revolted Irish ; and he defeated them in many rencounters, wliich, though of them- selves of no great moment, proved fatal to their declining cause. He punished without mercy all the prisoners who had any hand in the massacres. Sir Phelim O'Neale, among the rest, was, some time after, brought to the gibbet, and suffered an ignominious death, which he had so well merited by his inhuman cruelties. Limerick, a considerable town, still remained in the hands of the Irish ; and Ireton, after a vigorous siege, soon made himself master of it. He was here infected with the plague, and shortly after died — a memorable personage, much celebrated for his vigilance, industry, capacity, even for the strict execution of justice in that unlimited command wliich he possessed in Ireland. He was observed to be inflexible in all his purposes ; and it was believed by many that he was animated with a sincere and passionate love of liberty, and never could have been induced by any motive to submit to the smallest appearance of regal government. Cromwell appeared to be much affected by his death ; and the republicans, who reposed '' See note [II] at the end of the Tolume. HISTOEY OF ENGLAND. 535 great confidence in him, were inconsolable. To show their regard for his merit and services, they bestowed an es- tate of two thousand pounds a year on his family, and honored him with a magnificent funeral at the public charge. Though the established government was but the mere shadow of a commonwealth, yet was it beginning, by proper arts, to encourage that public spirit which no other species of civil polity is ever able fully to inspire. The command of the army in Ireland devolved on Lieu- tenant-General Ludlow. The civil government of the island was intrusted to commissioners. Ludlow continued to push the advantages against the Irish, and everywhere obtained an easy victory. That unhappy people, disgusted with the king on account of those violent declarations against them and their religion which had been extorted by the Scots, applied to the King of Spain, to the Duke of Lorraine, and found assistance nowhere. Clanricarde, unable to resist the prevailing power, made submissions to the Parliament, and retii-ed into England, where he soon after died. He was a steady Catholic, but a man much respected by all parties. The successes which attended Monk in Scotland were no less decisive. That able general laid siege to Stirling Castle; and though it was well provided for defence, it was soon surrendered to him. He there became master of all the records of tlie kingdom, and he sent them to England. The Earl of Leven, the Earl of Crawford, Lord Ogilvy, and other noblemen, having met near Perth in order to concert measures for raising a new army, were suddenly set upon by Colonel Alured, and most of them taken prisoners. Sir Philip Musgrave, with some Scots, being engaged at Dum- fries in a like enterprise, met with a like fate. Dundee was a town well fortified, supplied with a good garrison under Lumisden, and full of all the rich furniture, the plate, and money of the kingdom, which had been sent thither as to a place of safety. Monk appeared before it; and having made a breach, gave a general assault. He carried the town ; and, following the example and instructions of Cromwell, put all the inhabitants to the sword in order to strike a general terror into the kingdom. Warned by this example, Aberdeen, St. Andrew's, Inverness, and other towns and forts, yielded of their own accord to the enemy. Argyle made his submission to the English commonwealth ; and excepting a few i-oyalists who remained some time in the mountains under the Earl of Glencairn, Lord Balcarras, and 536 HISTORY OP ENGLAND. General Middleton, that Mngdom, whicli had hitherto throuo-h all ages, by means of its situation, poverty, and valor, maintained its independence, was reduced to total subjection. The English Parliament sent Sir Harry Vane, St. John, and other commissioners to settle Scotland. These men, who possessed little of the true spirit of liberty, knew how to maintain the appearance of it ; and they requii-ed the voluntary consent oi all the counties .ind towns of this con- quered kingdom before they would unite them into the same commonwealth with England. The clergy protested, be- cause they said this incorporating union would draw along with it a subordination of the Church to the State in the things of Christ.^* English judges joined to some Scottish were appointed to detei'mine all causes ; justice was strictly administered ; order and peace maintained ; and the Scots, freed from the tyranny of the ecclesiastics, were not much dissatisfied with the present government.^ The prudent conduct of Monk, a man who possessed a capacity for the arts both of peace and war, served much to reconcile the minds of men and to allay their prejudices. ' [1652.] By the total reduction and pacification of the British dominions, the Parliament had leisure to look abroad, and to exert their vigor in foreign enterprises. The Dutch were the first that felt the weight of their arms. During the life of Frederick Henry, Prince of Orange, the Dutch republic had maintained a neutrality in the civil wars of England, and had never interposed, except by her good offices, between the contending parties. When Will- iam, who had married an English princess, succeeded to his father's commands and authority,*" the States, both before and after the execution of the late king, were accused of taking steps more favorable to the royal cause, and of be- traying a great prejudice against that of the Parliament. It was long before the envoy of the English commonwealth could obtain an audience of the States-general. The mur- derers of Dorislaus were not pursued with such rigor as the Parliament expected. And much regard had been paid to the king, and many good offices performed to him, both by the jDublic and by men of all ranks in the United Prov- inces. After the death of William, Prince of Orange,'^ which 2s Whitlocke, p. 496. Heatlio's Chronicle, d. 307. "> See note [KK] at tUe eiKl o£ the volume. " » 1617. =■ On October 17, 1630. HISTOBY OF ENGLAND. 537 was attended with the depression of his party and the triumph of the Dutch republicans, the Parliament thought that the time was now favorable for cementing a closer con- federacy with the States. St. John, chief-justice, who was sent over to the Hague, had entertained the idea of forming a kind of coalition between the two republics, which would have rendered their interests totally inseparable ; but fear- ing that so extraordinary a project would not be relished, he contented himself with dropping some hints of it, and openly went no further than to propose a strict defensive alliance between England and the United Provinces, such as has now for near seventy years taken place between these friendly powers.'^ But the States, who were unwilling to form a nearer confederacy with a government whose meas- ures were so obnoxious and whose situation seemed so pre- carious, offered only to renew the former alliances with Eng- land ; and the haughty St. John, disgusted with this disap- pointment, as well as incensed at many affronts which had been offered him with impunity by the retainers of the Palatine and Orange families, and indeed by the populace in general, returned into England, and endeavored to foment a quarrel between the republics. The movements of great states are often directed by as slender springs as those of individuals. Though war with so considerable a naval power as the Dutch, who were in peace with all their other neighbors, might seem dangerous to the yet unsettled commonwealth, tlwre were several mo- tives which at this time induced the English Parliament to embrace hostile measures. Many of the members thought that a foreign war would serve as a pretence for continuing the same Parliament, and delaying the new model of a rep- resentative with which the nation had so long been flattered. Others hoped that the war would furnish a reason for main- taining some time longer that numerous standing army which was so much c >mplained of."^ On the other hand, some who dreaded the increasing power of Cromwell, ex- pected that the great expense of naval armaments would prove a motive for diminishing the military establishment. To divert the attention of the public from domestic quarrels towards foreign transactions seemed, in the present disposi- tion of men's minds, to be good policy. The superior power 82 Tlmrloe, toI. i. p. 1S2. 33 We are told in the Life of Sir Harry Vane that that famous repuhlican opposed the Dutch war, and that it was the military gentlemen chiefly who sup- ported that measure. 538 HISTORY OF ENGLAND. of the English commonwealth, together with its advantages of situation, promised success ; and the parliamentary leaders hoped to gain many rich prizes from the Dutch, to distress and sink their flourishing commerce, and by victories to throw a lustre on their own establishment which was so new and unpopular. All these views, enforced by the violent spirit of St. John, who had great influence over Cromwell, determined the Parliament to change the purposed alliance into a furious war against the United Provinces. To cover these hostile intentions, the Parliament, under pretence of providing for the interests of commerce, em- braced such measures as they knew would give disgust to the States. They framed the famous act of navigation which prohibited all nations from importing into England in their bottoms any commodity which was not the growth and manufacture of their own country. By this law, though the terms in which it was conceived were general, the Dutch were principally affected, because their country produces few commodities, and they subsist chiefly by being the gen- eral carriers and factors of Europe. Letters of reprisal were granted to several merchants, who complained of in- juries which they pretended they had received from the States ; and about eighty Dutch ships fell into their hands, and were made prizes. The cruelties committed on the Eng- lish at Amboyna, which were certainly enormous, but which seemed to be buried in oblivion by a thirty years' silence, were again made the ground of complaint ; and the allow- ing the murderers of Dorislaus to escape, and the conniving at the insults to which St. John had been exposed, were represented as symptoms of an unfriendly, if not a hostile disposition in the States. The States, alarmed at all these steps, sent orders to their ambassadors to endeavor the renewal of the treaty of alliance, which had been broken off by the abrupt departure of St. John. Not to be unprepared, they equipped a fleet of a hundred and fifty sail, and took care by their ministers at London to inform the council of state of that armament. This intelligence, instead of striking terror into the English republic, was considered as a menace, and further confirmed the Parliament in their hostile resolutions. The minds of men in both states were every day more irritated against each other ; and it was not long before these humors broke forth into action. Tromp, an admiral of groat renown, received from the HISTORY OF ENGLAND. 539 States the command of a fleet of forty-two sail, in order to protect the Dutch navigation against the privateers of the English. Il3 was forced by stress of weather, as he alleged, to take shelter in the road of Dover, where he met with Blake, who commanded an English fleet much inferio- in number. Who was the aggressor in the action which en- sued between these two admirals, both of them men of such prompt and fiery dispositions, it is not easy to determine, since each of them sent to his own state a relation totally opposite in all its circumstances to that of the other, and yet supported by the testimony of evei-y captain in his fleet. Blake pretended that, having given a signal to the Dutch admiral to strike, Trorap, instead of complying, fired a broadside at him. Tromp asserted that he was preparing to strike, and that the English admiral, nevertheless, began hostilities. It is certain that the admiralty of Holland, who are distinct from the council of state, had given Tromp no orders to strike, but had left him to his own discretion with regard to that vain but much-contested ceremonial. They seemed willing to introduce the claim of an equality with the new commonwealth, and to interpret the former respect paid the English flag as a deference due only to the monar- chy. This circumstance forms a strong presumption against the narrative of the Dutch admiral. Tlie whole Orange party, it must be remarked, to which Tromp was suspected to adhere, were desirous of a war with England. Blake, though his squadron consisted only of flfteen vessels, reinforced, after the battle began, by eight under Captain Bourne, maintained the fight with bravery for five hours, and sank one ship of the enemy and took another. Night parted the combatants, and the Dutch fleet retired towards the coast of Holland. The populace of London were enraged, and would have insulted the Dutch ambas- sadors, who lived at Chelsea, had not the council of state sent guards to protect them. When the States heard of this action, of which the con- sequences were easily foreseen, they were in the utmost consternation. They immediately dispatched Pauw, Pen- sionary of Holland, as their ambassador extraordinary to London, and ordered him to lay before the Parliament the narrative which Tromp had sent of the late rencounter. They entreated them, by all the bands of their common re- ligion and common liberties, not to precipitate themselves into hostile measures, but to appoint commissioners, who should 540 HISTOEY OF ENGLAND. examine every circumstance of the action, and clear np the truth, which lay in obscurity ; and they pretended that they had given no oi'ders to their admiral to offer any violence to the English, but would severely punish him if they found, upon inquiry, that he had been guilty of an action which they so much disapproved. The imperious Parliament would hearken to none of these reasons or remonstrances. Elated by the numerous successes which they had obtained over their domestic enemies, they thought that everything must yield to their fortunate arms; and they gladly seized the opportunity which they sought of making war upon the States. They demanded that, with- out any further delay or inquiry, reparation should be made for all the damages which the English had sustained ; and when this demand was not complied with, they despatched orders for commencing war against the United Provinces. Blake sailed northwards with a numerous fleet, and fell upon the herring busses, which were escorted by twelve men-of-war. All these he either took or dispersed. Tromp followed him with a fleet of above a hundred sail. When these two admirals were within sight of each other, and preparing for battle, a furious storm attacked them. Blake took shelter in the English harbors. The Dutch fleet was dispersed and received great damage. Sir George Ayscue, thougli he commanded only forty ships, according to the English accounts, engaged near Plymouth the famous De Ruiter, who had under him fifty ships of war with thirty merchantmen. The Dutch ships were indeed of inferior force to the English. De Ruiter, the only admiral in Europe wlio has attained a renown equal to that of the greatest general, defended himself so well that Ayscue gained no advantage over him. Night parted them in the greatest heat of the action. De Ruiter next day sailed off with his convoy. The English fleet had been so shattered in the fight that it was not able to pursue. Near the coast of Kent, Blake, seconded by Bourne and Pen, met a Dutch squadron nearly equal in numbers, com- manded by De Witte and De Ruiter. A battle was fought, much to the disadvantage of the Dutch. Their rear- admiral was boai-ded and taken. Two other vessels were sunk, and one blown up. The Dutch next day made sail towards Holland. The English wore not so successful in the Mediterranean. HISTOEY OF ENGLAND. 541 Van Galen, with much superior force, attacked Captain Badily and defeated liim. lie bought, however, his victory witli the loss of his life. Sea-fights are seldom so decisive as to disable the vanquished from making head in a little time against the victors. Tromp, seconded by De Raiter, met near the Goodwins, with Blake, whose fleet was inferior to the Dutch, but who resolved not to decline the combat. A furious battle commenced, where the admirals on both sides, as well as the inferior officers and seamen, exerted great bravery. In this action the Dutch had the advantage. Blake himself was wounded. The Garland and Bonaven- ture were taken. Two ships were burned and one sunk; and night came opportunely to save the English fleet. After this victory, Tromp, in a bravado, fixed a broom to his mainmast, as if he were resolved to sweejj the sea entirely of all English vessels. [16o3.] Great preparations were made in England in order to wipe off this disgrace. A gallant fleet of eighty sail was fitted out. Blake commanded, and Dean under him, together with Monk, who had been sent for from Scot- land. ■ When the English lay off Portland, they desciied, near break of day, a Dutch fleet of seventy-six vessels sail- ing up the Channel, along with a convoy of three hundred merchantmen, who had received orders to wait at the Isle of Rhe till the fleet should ari-ive to escort them. Tromp, and under him De Ruiter, commanded the Dutch. This battle was the most furious that had yet been fought be- tween these warlike and rival nations. Three days was the combat continued Avith the utmost rage and obstinacy; and Blake, who was victor, gained not more honor than Tromp, who was vanquished. The Dutch admiral made a skilful retreat, and saved all the merchant-ships exce])t thirty. He lost, however, ele.ven ships-of-war, had two thousand men slain, and near one thousand five hundred taken prisoners. The English, though many of their ships were extremely shattered, had but one sunk. Their slain were not much inferior in number to those of the enemy. All these successes of the English were chiefly owing to the superior size of their vessels, an advantage which all the skill and bravery of the Dutch admirals could not com- T)ensate. By means of ship-money — an imposition which liad been so much complained of, and in some respects, ' with reason — the late king had put the navy into a situation 542 HISTORY OF ENGLAND. which it had never attained in any former reign ; and he ventured to build ships of a size which was then unusual. But the misfortunes' which the Dutch met with in battle were small in comparison of those which their trade sus- tained from the English. Tlieir whole commerce by the Channel was cut off; even that to the Baltic was much infested by English privateers. Their lishei-ies were totally suspended. A great number of their ships, above one thousand six hundred, had fallen into the hands of the enemy. And all this distress they suffered, not for any national interests or necessity, but from vain points of honor and personal resentments, of which it was difficult to give a satisfactory account to the public. They resolved, therefore, to gratify the pride of the Parliament, and to make some advances towards peace. They met not, how- ever, with a favorable reception ; and it was not without pleasure that they learned the dissolution of that haughty assembly by the violence of Cromwell, an event from which they expected a more prosperous turn to their affairs. The zealous republicans in the Parliament had not been the chief or first promoters of the war ; but when it was once entered upon, they endeavored to di-aw from it every possible advantage. On all occasions they set up the fleet in opposition to the army, and celebrated the glory and successes of their naval armaments. Tliey insisted on the intolerable expense to which the nation was subjected, and urged the necessity of diminishing it by a reduction of the land forces. They had ordered some regiments to serve on board the fleet in the quality of marines. And Crom- well, by the whole train of their proceedings, evidently saw that they had entertained a jealousy of his power and ambition, and were resolved to bring him to a subordina- tion under their authority. Without scruple or delay, he resolved to prevent them. On such firm foundations was built the credit of this extraordinary man that, though a great master of fraud and dissimulation, he judged it superfluous to employ any disguise in conducting this bold enterprise. He summoned a general council of officers, and immediately found that they were disposed to receive whatever impressions he was pleased to give them. Most of them were his creatures, had owed their advancement to his favor, and relied entirely upon him for their future preferment. The breach being already made between the military and civil powers, when HISTORY OP ENGLAND. 543 the late king was seized at Holdenby, tlie general officers regarded the Parliaineut as at once their creature and their rival ; and thought that they themselves were entitled to share among them those offices and riches of which its members had so long kept possession. Harrison, Rich, Overton, and a few others who retained some principle were guided by notions so extravagant that they were easily deluded into measures the most violent and most criminal ; and the whole army had already been guilty of such illegal and atrocious actions that they could entertain no further scruple with regard to any enterprise which might serve their selfish or fanatical purposes. In the councilof officers it was presently voted to frame a remonstrance to the Parliament. After complaining of the arrears due to the army, they there desired the Parlia- ment to reflect how many years they had sat, and what pro- fessions they had formerly made of their intentions to new- model the representative and establish successive parlia- ments, who might bear the burden of national affairs, from which they themselves would gladly, after so much danger and fatigue, be at last relieved. They confessed that the Parliament had achieved great enterprises and had sur- mounted mighty difficulties; yet was it an injury, they said, to the rest of the nation to be excluded from bearing any part in the service of their country. It was now full time for them to give place to others ; and they therefore desired , them, after settling a council who might execute the laws ; during the interval, to summon a new Parliament, and ' establish that free and equal government which they had so long promised to the people. The Parliament took this remonstrance in ill part, and made a sharp reply to the council of officers. The officers insisted on their advice; and by mutual altercation and opposition the breach became still wider between the army and the commonwealth. Cromwell, finding matters ripe for his purpose, called a council of officers, in order to come to a determination with regard to the public settlement. As he had here many friends, so had he also some opponents. Harrison, having assured the council that the general sought only to pave the way for the government of Jesus and his saints. Major Streater briskly replied that .lesus ought then to come quickly ; for if he delayed it till after Christmas, he would come too late; he would find his place occupied. While the officers were in debate. Colonel Ingoldsby in^ 644 HISTOEY OF ENGLAND. formed Cromwell that the Parliament was sitting, and had come to a resolution not to dissolve themselves, but to fill up the House by new elections, and was at that very time engaged in deliberations with regard to this exjiedient. Cromwell, in a rage, immediately hastened to the House, and carried a body of three hundred soldiers along with him. Some of them he placed at the door, some in the lobby, some on the stairs. He first addressed himself to his friend St. John, and told liim that he had come with a purjiose of doing what grieved him to the very soul, and what he had earnestly with tears besought the Lord not to im])ose u])on him ; but there was a necessity, in order to the glory of God and good of the nation. He sat down for some time, and heard the debate. He beckoned Harrison, and told him that he now judged the Parliament rijie for a dissolution. " Sii-," said Harrison, " the work is very great and dangerous. I desire you seriously to consider before you engage in it." " You say well," replied the general ; and tliereu])on sat still about a quarter of an hour. When the question was ready to be put, he said again to Harrison, "This is the time. I must do it." And suddenly starting up, lie loaded the Parliament with the vilest rejiroaches for their tyranny, ambition, oppression, and robbery of the public. Tiien stamping with his foot, which was a signal for the soldiers to enter, " For shame ! " said he to the Parliament, " get you gone; give place to honester men, to those who will more faithfully discharge their trust. You are no longer a Parliar ment. I tell you, you are no longer a Parliament. The Lord has done with yon. He has chosen other instruments for carrying on his work." Sir Harry Vane exclaiming against this jiroceeding, he cried ^^•ith a loud voice, "O Sir Harry Vane ! Sir Harry Vane ! The Lord deliver me from Sir Harry Vane ! " Taking hold of Martin by the cloak, " Thou art a whoremaster," said he. To another, "Thou art an adulterer." To a third, "Thou art a drunkard and a glutton." "And thou an extortioner," to a fourth. He commanded a soldier to seize the mace. " What shall we do with this bauble? Here, take it away. It is you," said he, addressing himself to the House, "that have forced me upon this. I have sought the Lord night and day that he would rather slay me tlian put me upon this work." Hav- ing commanded the soldiers to clear the hall, he himself went out the last, and, ordering the doors to be locked, departed to his lodgings in Whitehall. HISTOET OP ENGLAND. , 545 In this furious manner, which so well denotes his genuine character, did Cromwell, without the least opposition, or even murmur, annihilate that famous assembly which had filled all Europe with the renown of its actions and with astonishment at its crimes, and whose commencement was not more ardently desired by the people than was its final dissolution. All parties now reaped successively the melan- choly pleasure of seeing the injuries which they had suffered revenged on their enemies, and that, too, by the same arts which had been practised against them. The king had, in some instances, stretched his prerogative beyond its just bounds ; and, aided by the Church, had well-nigh put an end to all the liberties and privileges of the nation. The Pres- byterians checked the progress of the court and clergy, and excited by cant and hypocrisy the populace, first to tumults, then to war, against the king, the peers, and all the royalists. No sooner had they reached the pinnacle of grandeur than the Independents, under the appearance of still greater sanctity, instigated the army against them, and reduced them to subjection. The Independents, amid their empty dreams of liberty, or rather of dominion, were oppressed by the rebellion of their own servants, and found themselves at once exposed to the insults of power and hatred of the ~ people. By recent as well as all ancient example, it was 'it become evident that illegal violence, with whatever pretences i it may be covered, and whatever object it may pursue, must / inevitably end at last in the arbitrary and despotic govern-^^' ment of a single person. Vol. IV.— 35 546 HISTOET OF ENSLANX>. CHAPTER LXI ceomwell's bieth and pkivate life. — baeebone's paelia- ment. ceomwell made peotectoe. peace "with hol- land. a new parliament. insueebction op the eoyalists. state of europe. ^wae with spain. jamaica conquered. success and death op admiral blake. domestic administration of cromwell. humble petition and advice. dunkirk taken. sickness op the protector. his death and char- ACTER. [1653.] Oliver Cromwell, in whose hands the dissolu- tion of the Parliament had left the whole power, civil and military, of three kingdoms, was born at Huntingdon, the last year of the former century, of a goodly family ; though he himself, being the son of a second brother, inherited but a small estate from his father. In the course of his educa- tion he had been sent to the university, but his genius was found little fitted for the calm and elegant occupations of learning, and he made small proficiencies in his studies. He even threw himself into a dissolute and disorderly course of life ; and he consumed in gaming, drinking, debauchery, and country riots the more early years of his youth, and dissi- pated part of his patrimony. All of a sudden the sjsirit of reformation seized him ; he married, affected a grave and composed behavior, entered into all the zeal and rigor of the puritanical party, and offered to restore to every one what- ever sums he had formerly gained by gaming. The same vehemence of temper which had transported him into the extremes of pleasure now distinguished his religious habits. His house was the resort of all the zealous clergy of the party ; and his hospitality, as well as his liberalities to the silenced and deprived ministers, proved as chargeable as his former debaucheries. Though he had acquired a toler- able fortune by a maternal uncle, he found his affairs so injured by his expenses that he was obliged to take a farm at St. Ives and apply himself for some years to agriculture as a profession. But this expedient served HISTORY OP ENGLAND. 547 rather to involve him in further debts and difficulties. The long prayers which he said to his family in the morning and again in the afternoon consumed liis own time and that of his ploughmen, and he reserved no leisure for the care of his temporal affairs. His active mind, superior to the low occupations to which he was condemned, preyed upon it- self ; and he indulged his' imagination in visions, illumina- tions, revelations — the great nourishment of that hypo- chondrical temper to which he was ever subject. Urged by his wants and his piety, he made a party with liambden, his near kinsman, who was pressed only by the latter mo- tive, to transport himself into New England, now become the retreat of the more zealous among the puritanical party ; and it was an order of council which obliged them to dis- embark and remain in England. The Earl of Bedford, who possessed a large estate in the Fen country, near the Isle of Ely, having undertaken to drain these morasses, was obliged to apply to the king ; and by the powers of the prerogative, he got commissioners appointed who conducted that work and divided the new-acquired land among the several pro- prietors. He met with opposition from many, among whom Cromwell distinguished himself ; and this was the first j)ub- lic opjDortunity which he had met with of discovering the factious zeal and obstinacy of his character. From accident and intrigue he was chosen by the town of Cambridge member of the Long Parliament. His domestic affairs were then in great disorder ; and he seemed not to possess any talents which could qualify him to rise in that public sphere into which he was now at last entered. His person was ungraceful, his dress slovenly, his voice un- tunable, his elocution homely, tedious, obscure, and embar- rassed. The fervor of his spirit frequently prompted him to rise in the House, but he was not heard with attention. His name, for above two years, is not to be found oftener than twice in any committee ; and those committees into which he was admitted were chosen for affairs which would more interest the zealots than the men of business. In comparison of the eloquent speakers and fine gentlemen of the House, he was entirely overlooked ; and his friend Hambden alone was acquainted with the depth of his genius, and foretold that if a civil war should ensue, he would soon rise to eminence and distinction. Cromwell himself seems to have been conscious where his strength lay ; and, partly from that motive, partly from 5i3 HISTOKY OF ENGLAND. the uncontrollable fury of his zeal, he always joined that party which pushed everything to extremities against the king. He was active in promoting the famous remonstrance which was the signal for all the ensuing commotions ; and when, after a long debate, it was carried by a small majority, he told Lord Falkland that if the question had been lost, he was resolved next day to have converted into ready money the remains of his fortune, and immediately to have left the kingdom. Nor was this resolution, he said, peculiar to himself ; many others of his party he knew to be equally determined. He was no less than forty-three years of age when he first embraced the military profession ; and by force of genius, without any master, he soon became an excellent officer, though perhaps he never reached the fame of a consummate commander. He raised a troop of horse, fixed his quarters in Cambridge, exerted great severity towards that uni- versity, which zealously adhered to the royal party, and showed himself a man who would go all lengths in favor of that cause which he had espoused. He would not allow his soldiers to perplex their heads with those subtleties of fight- ing by the king's authority against his person, and of obey- ing his majesty's commands signified by both Houses of Parliament : he plainly told them that if he met the king in battle, he would fire a pistol in his face as readily as against any other man. His troop of horse he soon augmented to a regiment ; and he first instituted that discipline and in- spired that spirit which rendered the parliamentary armies in the end victorious. " Your troops," said he to Hambden, according to his own account,^ " are most of them old de- cayed serving-men and tapsters, and such kind of fellows ; the king's forces are composed of gentlemen's younger sons and persons of good quality. And do you think that the mean spirits of such base and low fellows as ours will ever be able to encounter gentlemen that have the honor and courage and resolution in them? You must get men of spirit, and take it not ill that I say, of a spirit that is likely to go as far as gentlemen will go, or else I am sure you will still be beaten, as you have hitherto been, in every encoun- ter." He did as he proposed. He enlisted the sons of free- holders and farmers. He carefully invited into his regiment all the zealous fanatics throughout England. When they were collected in a body, their enthusiastic spirit still rose 1 Conference held at WMteliall. HISTOET OF EKGLAND. 549 to a higher pitch. Their colonel, from his own natural character as well as from policy, was sufficiently inclinecl to increase the flame. He preached, he prayed, he fought, he punished, he rewarded. The wild enthusiasm, together with valor and discipline, still propagated itself ; and all men cast their eyes on so pious and so successful a leader. From low commands he rose with great rapidity to be really the first, though in apfiearance only the second, in the army. By fraud and violence he soon rendered himself the first in the state. In proportion to the increase of his authority, his talents always seemed to expand themselves ; and he displayed every day new abilities which had lain dor- mant till the very emergency by which they were called forth into action. All Europe stood astonished to see a nation so turbulent and unruly, who, for some doubtful encroach- ments on the privileges, had dethroned and murdered an excellent prince, descended from a long line of monarchs, now at last subdued and reduced to slavery, by one who, a few years before, was no better than a private gentleman, whose name was not known in the nation, and who was little regarded even in that low sphere to which he had always been confined. The indignation entertained by the people against an authority founded on such manifest usurpation was not, so violent as might naturally be expected. Congratulatory addresses, the first of the kind, were made to Cromwell by the fleet, by the army, even by many of the chief corpora- tions and counties of England, but especially by the several congregations of saints dispersed throughout the kingdom.^ The royalists, though they could not love the man who had imbrued his hands in the blood of their sovereign, expected more lenity from him than from the jealous and imperious republicans who had hitherto governed. The Presbyteri- ans were pleased to see those men by whom they had been outwitted and expelled now, in their turn, expelled and out- witted by their own servant ; and they applauded him for this last act of violence upon the Parliament. These two parties composed the bulk of the nation, and kept the peo- ple in some tolerable temper. All men, likewise, harassed with wars and factions, were glad to see any prospect of settlement ; and they deemed it less ignominious to submit to a person of such admirable talents and capacity than to s See Milton's Stats Papers. 550 HISTOET OF BNaLAND. a few ignoble, enthusiastic hypocrites who, under the name of a republic, had reduced them to a cruel subjection. The republicans, being dethroned by Cromwell, were the party whose resentment he had the greatest reason to_ ap- prehend. That party, besides the Independents, contained two sets of men who are seemingly of the most opposite principles, but who were then united by a similitude of genius and of character. The first and most numerous were the Millenarians, or Fifth-monarchy men, who insisted that, dominion being founded in grace, all distinction in magis- tracy must be abolished, except what arose from piety and holiness ; who expected suddenly the second coming of Christ upon earth ; and who pretended that the saints in the meanwhile — that is, themselves — were alone entitled to govern. The second were the Deists, who had no other object than political liberty, who denied entirely the truth of revelation, and insinuated that all the various sects, so heated against each other, were alike founded in folly and in error. Men of such daring geniuses were not contented with the ancient and legal forms of civil government, but challenged a degree of freedom beyond what they expected ever to enjoy under any monarchy. Martin, Challoner, Har- rington, Sidney, Wildman, Nevil, were esteemed the heads of this small division. The Deists were perfectly hated by Cromwell, because he had no hold of enthusiasm by which he could govern or overreach them ; he therefore treated them with great rigor and disdain, and usually denominated them the heathens. As the Millenarians had a great interest in the army, it was much more important for him to gain their confidence ; and their size of understanding afforded him great facility in deceiving them. Of late years it had been so usual a topic of conversation to discourse of parliaments and councils and senates, and the soldiers themselves had been so much ac- customed to enter into that spirit, that Cromwell thought it requisite to establish something which might bear the face of a commonwealth. He supposed that God, in his prov- dence, had thrown the whole right as well as power of gov- ernment into his hands ; and without any more ceremony, by the advice of his council of officers, he sent summons to a hundred and twenty-eight persons of different towns and counties of England, to five of Scotland, to six of Ireland. He pretended by his sole act and deed to devolve upon these the whole authority of the state. This legislative HISTORY OF ENGLAND. 551 power they were to exercise during fifteen months, and they were afterwards to choose the same number of persons who might succeed them in that high and important office. _ There were great numbers at that time who made it a principle always to adhere to any power which was upper- most and to support the established government. This maxim is not peculiar to the people of that age ; but what may be esteemed peculiar to them is that there prevailed a hypocritical phrase for expressing so prudential a conduct — it was called a waiting upon Providence. When Provi- dence, therefore, was so kind as to bestow on these men, now assembled together, the supreme authority, they must have been very ungrateful if, in their turn, they had been wanting in complaisance towards her. They immediately voted themselves a Parliament; and, having their own con- sent as well as that of Oliver Cromwell for their legislative authority, they now proceeded very gravely to the exercise of it. In this notable assembly were some persons of the rank of gentlemen ; but the far greater part were low mechanics, Fifth-monarchy men. Anabaptists, Antinomians, Indepen- dents— the very dregs of the fanatics. They began with seeking God by prayer. This office was performed by eight or ten gifted men of the assembly ; and with so much success that, according to the confession of all, they had never before, in any of their devotional exercises, enjoyed so much of the Holy Spirit as was then communicated to them.* Their hearts were no doubt dilated when they con- sidered the high dignity to which they supposed themselves exalted. They had been told by Cromwell, in his first dis- course, that he never looked to see such a day when Christ should be so owned.^ They thought it, therefore, their duty * Parliamentary History, vol. xx. p. 182. * These are his expressions : "Indeed, I have but one word more to saytoyoiu though in that perhaps I shall show my weakness : it is by way of encouragement to you in this work. Give me leave to begin thus : I confess I never looked to have seen such a day as this — it may be nor you neither — when Jesus Christ should be so owned as he is at this day and in this work. Jesus Christ is owned this day by your call, and you own him by your willingness to appear for him, and you manifest this (as far as poor creatures can do) to be a day of the power of Christ. I know you will remember that Scripture, * He makes hie people will- ing in the day of his power.' God manifests it to be the day of the power of Christ, having through so much blood and so much trial as has been upon this nation, he makes this one of the greatest mercies, next to his own Son, to have his people called to the supreme authority. God hath owned his Son, and hath owned you, and hath made you to own him. I confess I never looked to have seen such a day ; I did not." I suppose at this passage he cried, for he was very much given to weeping, and could at anytime shed ab\indance of tears. The rest of the speech may be seen among Milton's State Papers, p. 106. It is very curious, and full of the same obscurity, conf'usion, embarrassment, and absurdity wMch appear in almost all Oliver's productions. 552 HISTORY OP ENGLAND. to proceed to a thorougli reformation, and to pave the ■way for the reign of the Redeemer, and for that great work which it was expected the Lord was to bring forth among theni. All fanatics, being consecrated by their own fond imagi- nations, naturally bear an antipathy to the ecclesiastics, who claim a peculiar sanctity derived merely from their office and priestly character. This Parliament took into consider- ation the abolition of the clerical function, as savoring of popery, and the taking away of tithes, which they called a relic of Judaism. Learning, also, and the universities were deemed heathenish and unnecessary ; the common law was denominated a badge of the Conquest and of Norman slavery ; and they threatened the lawyers with a total abro- gation of their profession. Some steps were even taken towards an abolition of the chancery,^ the highest court of judicature in the kingdom ; and the Mosaical law was in- tended to be established as the sole system of English juris- prudence.^ Of all the extraordinary schemes adopted by these legis- lators, they had not leisure to finish any, except that which established the legal solemnization of marriage by the civil magistrate alone, without the interposition of the clergy. They found themselves exposed to the derision of the public. Among the fanatics of the House there was an active mem- ber, much noted for his long prayers, sermons, and ha- rangues. He was a leather-seller in London ; his name. Praise- God JBarebone. This ridiculous name, which seems to have been chosen by some poet or allegorist to suit so ridiculous a personage, struck the fancy of the people ; and they commonly affixed to this assembly the appellation of Barebone's Parliament.' » Whitloeke, pp. 5M, 548. e Conference held at Whitehall. ' It was usual for the pretended Raints at that time to change their names from Henry, Edward, Anthony, William, which they retrarded as heathenish, into others more sanctified and godly ; even the New Testament names James, Andrew. John. Peter, were not held in such regard as tliose which were bor- rowed from the Old Testament — Hezekiah, Hahakkuk, Joshua, Zeruhhabel. Sometimes a whole godly sentence was adopted as a name. Here are the names of a jury said to be enclosed in the county of Sussex about that time : Accepted, Trever of Knrsham. Eedeemed, Compton of Battle. Paint Not, Hewit of I{eatVifleld. Make Peace, Heator of Hare. God Pew.ird, Smart of Fivehnrst. Standfast on High, Stringer of Cow- hurst. Earth, Adams of Warbleton. Called, Lower of the snme. Kill Sin, Pimple of Witliam. Keturn. Spelman of Watling. Bo Faithful, Joiner of Britling; Fly Debate, Roberts of the same. Fight the Good Fight of Faith, White of Emcr. More Fruit. Fowler of East Halley. Hope For, Bending of the same. Graceful, Harding of Lewes. Weep Not, Billing of the same. Meek, Brewer of Okeham. See Brome's Travels into England, p. 279. "Cromwell," says Cleveland, "hath HISTOEY OF ENGLAND. 553 The Dutch ambassadors endeavored to enter into ne- gotiation with the Parliament ; but, though Protestants, and even Presbyterians, they met with a bad reception from those who pretended to a sanctity so much superior. The Hollanders were regarded as worldly-minded men, intent only on commerce and industry, whom it was fitting the saints should first extirpate ere they undertook that great Vi'ork, to which they believed themselves destined by Provi- dence, of subduing Antichrist, the man of sin, and extend- ing to the uttermost bounds of the earth the kingdoni of the Redeemer.' The ambassadors, finding themselves pro- scribed, not as enemies of England, but of Christ, remained in astonishment, and knew not which was most to be ad- mired, the implacable spirit or egregious folly of these pre- tended saints. Cromwell began to be ashamed of his legislature. If he ever had any design in summoning so preposterous an as- sembly beyond amusing the populace and the army, he had intended to alarm the clergy and lawyers; and he had so far succeeded as to make them desire any other government which might secure their professions, now brought into danger by these desperate fanatics. Cromwell himself was dissatisfied that the Parliament, though they had derived all their authority from him, began to pretend power from the Lord,' and to insist already on their divine commission. He had been careful to summon in his writs several persons en- tirely devoted to him. By concert, these met early ; and it was mentioned by some among them that the sitting of this Parliament any longer would be of no service to the nation. They hastened, therefore, to Cromwell, along with Rouse, their speaker ; and by a formal deed, or assignment, re- stored into his hands that supreme authority which they had so lately received from him. General Harrison and about twenty more remained in the House ; and that they might prevent the reign of the saints from coming to an un- timely end, they placed one Moyer in the chair, and began to draw up protests. They were soon interrupted by Colonel White with a party of soldiers. He asked them Ibeat up bis drums clean through the Old Testament. Tou may leai-n the gene- aloCT of our Saviour by the names of his regiment. The muster-master has no other list than the first chapter of St. Matthew." The brother of this Praise- Goil Barebone had for name. // CImst had not died, for ynu, yml had been damned, Barebone. But tlie people, lired of this long name, retained only the last word, and commonly gave him the appellation of Damned Barebone, 8 Thurloe, vol. i. pp. 273, 591. Also Stubbe, pp. 91, 92. « Thurloe, vol. i. p. 393. 554' HISTOET OF ENGLAND. what they did there ? " We are seeking the Lord," said they. " Then you may go elsewhere," rejjlied he ; " for to my certain knowledge he has not been here these many years." The military, being now in appearance as well as in real- ity the sole power which prevailed in the nation, Cromwell thought fit to indulge in a new fancy ; for he seems not to have had any deliberate plan in all these alterations. Lam- bert, his creature, who, under the appearance of obsequious- ness to him, indulged in unbounded ambition, proposed in a council of ofiicers to adopt another scheme of government, and to temper the liberty of a commonwealth by the author- ity of a single person, who should be known by the appella- tion of protector. Without delay he prepared what was called the instrument of government, containing the plan of this new legislature ; and as it was supposed to be agreeable to the general, it was immediately voted by the council of ofiicers. Cromwell was declared protector, and with great solemnity installed in that high office. So little were these men endowed with the spirit of legislation that they confessed, or rather boasted, that they had employed only four days in drawing this instrument, by which the whole government of three kingdoms was pre- tended to be regulated and adjusted to all succeeding gen- erations. There appears no difficulty in believing them, when it is considered how crude and undigested a system of civil polity they endeavored to establish. The chief articles of the instrument are these: a council was appointed, which was not to exceed twenty-one, nor be less than thirteen, persons. These were to enjoy their office during life or good behavior ; and in case of a vacancy, the remaining members named three, of whom the protector chose one. The protector was appointed supreme magistrate of the commonwealth ; in his name was all justice to be adminis- tered ; from him were all magistracy and honors derived ; he had the power of pardoning all ci-imes, excepting murder and treason ; to him the benefit of all forfeitures devolved. The right of peace, war, and alliance rested in him ; but in these particulars he was to act by the advice and with the consent of his council. The power of the sword was vested in the protector jointly with the Parliament while it was sitting, or with the council of state in the intervals. He was obliged to summon a Paiiiament every three years, and allow them to sit five months without adjournment, proroga- HISTOKY OF ENGLAND. 555 tion, or dissolution. The bills which they passed were to be presented to the protector for his assent ; but if within twenty days it were not obtained, they were to become laws by the authority alone of Parliament. A standing army for Great Britain and Ireland was established, of twenty thousand foot and ten thousand horse ; and funds were assigned for their support. These were not to be diminished without the consent of the protector, and in this article alone he assumed a negative. During the intervals of Parliament, the protector and council had the power of enacting laws, which were to be valid till the next meeting of Parliament. The oliancellor, treasurer, admiral, chief governors of Ireland and Scotland, and the chief-justices of both the benches, must be chosen with the approbation of Parliament ; and, in the intervals, with the approbation of the council, to be afterwards ratified by Parliament. The protector was to enjoy his office during life, and on his death the place was immediately to be supplied by the council. This was the instrument of government enacted by the council of officers, and solemnly sworn to by Oliver Cromwell. The council of state, named by the instrument, were fifteen men entirely devoted to the protector, and, by reason of the opposition among themselves in party and principles, not likely ever to combine against hira. Cromwell said that he accepted the dignity of protector merely that he might exert the duty of a constable, and pre- serve peace in the nation. Affairs, indeed, were brought to that pass by the furious animosities of the several factions that the extensive authority, and even arbitrary power, of some first magistrate was become a necessary evil, in order to keep the people from relapsing into blood and confusion. The Independents were too small a party ever to establish a popular government, or intrust the nation, where they had so little interest, with the free choice of its representatives. The Presbyterians had adopted the violent maxims of per- secution, incompatible at all times with the peace of society, niuch more with the wild zeal of those numerous sects which prevailed among the people. The royalists were so much enraged by the injuries which they had suffered that the other prevailing parties would never submit to them, who, they knew, were enabled, merely by the execution of the ancient laws, to take severe vengeance upon them. Had Cromwell been guilty of no crime but this temporary usur-t pation, the plea of necessity and public good, which, he 556 HISTORY OF ENGLAND. alleged, might be allowed in every view a reasonable ex- cuse for his conduct. During the variety of ridiculous and distracted scenes which the civil government exhibited in England, the mili- tary force was exerted with vigor, conduct, and unanimity; and never did the kingdom appear more formidable to all foreign nations. The English fleet, consisting of a hundred sail, and commanded by Monk and Dean, and under them by Pen and Lawson, met near the coast of Flanders with the Dutch fleet, equally numerous, and commanded by Tromp. The two republics were not inflamed by any national antipathy, and their interests very little interfered,; yet few battles have been disputed with more fierce and ob- stinate courage than were those many naval combats which were fought during this short but violent war. The desire of remaining sole lords of the ocean animated these states to an honorable emulation against each other. After a battle of two days, in the first of which Dean was killed, the Dutch, inferior in the size of their ships, were obliged, with great loss, to retire into their harbors. Blake, towards the end of the fight, joined his countrymen with eighteen sail. The English fleet lay off the coast of Holland, and totally interrupted the commerce of that republic. The ambassadors whom the Dutch had sent over to Eng- land gave them hopes of peace. But as they could obtain no cessation of hostilities, the States, unwilling to suffer any longer the loss and dishonor of being blockaded by the enemy, made the utmost efforts to recover their injured honor. Never on any occasion did tlie power and vigor of that republic appear in a more conspicuous light. In a few weeks they had repaired and manned their fleet, and they equipped some ships of a larger size than any which they had hitherto sent to sea. Tromp issued out, determined again to fight the victors, and to die rather than to yield the contest. He met with the enemy, commanded by Monk, and both sides immediately rushed into the combat. Tromp, gallantly animating his men with his sword drawn, was shot through the heart with a musket-ball. This event alone decided the battle in favor of the English. Though near thirty ships of the Dutch were sunk and taken, they little regarded this loss compared with that of their brave admiral. Meanwhile the negotiations for peace were continually advancing. The States, overwhelmed with the expense of the war, terrified by their losses, and mortified by their de- HISTOET OF ENGLAND. 557 feats, was extremely desirous of an accommodation with an enemy whom they found by experience too powerful for them. The king having shown an inclination to serve on board their fleet, though they expressed their sense of the honor intended them, they declined an offer which might inflame the quarrel with the English commonwealth. The great obstacle to the peace was found not to be any ani- mosity on the part of the English, but, on the contrary, a desire too earnest of union and confederacy. Cromwell had revived the chimerical scheme of a coalition with the United Provinces — a total conjunction of government, priv- ileges, interests, and counsels. [1654.] This project ap- peared so wild to the States that they wondered any man of sense could ever entertaili it, and they refused to enter into conferences with regard to a proposal which could serve only to delay any practicable scheme of accom- modation. The peace was at last signed by Cromwell, now invested with the dignity of protector ; and it proves suffi- ciently that the war had been impolitic, since, after the most signal victories, no terms more advantageous could be obtained.' A defensive league was made between the two republics. They agreed each of them to banish the enemies of the other ; those who had been concerned in the massacre of Amboyna were to be punished, if any remained alive ; the honor of the flag was yielded to the English ; eighty-five thousand pounds were stipulated to be paid by the Dutch East India Company for losses which the English Company bad sustained ; and the island of Polerone, in the East Indies, was promised to be ceded to the latter. Cromwell, jealous of the connections between the royal family and that of Orange, insisted on a separate article that neither the young prince nor any of his family should ever be invested with the dignity of stadtholder. The province of Holland, strongly prejudiced against that ofBce, which they esteemed dangerous to liberty, secretly ratified this article. The protector, knowing that the other prov- inces would not be induced to make such a concession, was satisfied with this security. The Dutch war being successful, and the peace reason- able, brought credit to Cromwell's administration. An act of justice, which he exercised at home, gave likewise satis- faction to the people, though the regulsirity of it may per- haps appear somewhat doubtful. Don Pantaleon Sa, brother to the Portuguese ambassador, and joined with him in the 558 HISTORY OF ENGLAND. same commission,*'' fancying himself to be insulted, came upon the Exchange, armed and attended by several serv- ants. By mistake, he fell on a gentleman whom he took for the person that had given him the offence; and having butchered him with many wounds, he and all his attendants took shelter in the house of the Portuguese ambassador, who had connived at this base enterprise." The populace sur- rounded the house, and threatened to set fire .to it. Crom- well sent a guard, who seized all the criminals. They were brought to trial ; and, notwithstanding the opposition of the ambassador, who pleaded the privileges of his office, Don Pantaleon was executed on Tower Hill. The laws of nations were here plainly violated ; but the crime committed by the Portuguese gentleman was, to the last degree, atro- cious ; and the vigorous chastisement of it, suiting so well to the undaunted character of Cromwell, was universally approved of at home and admired among foreign nations. The situation of Portugal obliged that court to acquiesce ; and the ambassador soon after signed with the protector a treaty of peace and alliance, which was very advantageous to the English commerce. Another act of severity, but necessary in his situation, was at the very same time exercised by the protector in the capital punishment of Gerard and Vowel, two royalists, who were accused of conspii-ing against his life. He had erected a high court of justice for their trial — an infringement of the ancient laws which at this time was become familiar, but one to which no custom or precedent could reconcile the nation. Juries were found altogether unmanageable. The restless Lilburn, for new offences, had been brought to a new trial, and had been acquitted with new triumph and exultation. If no other method of conviction had been devised during this illegal and unjsopular government, all its enemies were assured of entire impunity. The protector had occasion to observe the prejudices entertained against his government by the disposition of the Parliament, which he summoned on the 3d of September, that day of the year on which he gained his two great vic- tories of Dunbar and Worcester, and which he always regarded as fortunate for him. It must be confessed that, if we are left to gather Cromwell's intentions from his in- strument of government, it is such a motley piece that we cannot easily conjecture whether he seriously meant to- 10 Thurloe, vol. li. p. 429. n Thurloe, vol. 1. p. 616. HISTOET OF ENGLAND. 559 establish a tyranny or a republic. On one hand, a first mag- istrate, in so extensive a government, seemed necessary both for the dignity and tranquillity of the state; and the author- ity which he assumed as protector was in some respects inferior to the prerogatives which the laws intrusted, and still intrust, to the king. On the other hand, the legislative power which he reserved to himself and council, together with so great an army, independent of the Parliament, were bad prognostics of his intention to submit to a civil and legal constitution. But if this were not his intention, the method in which he distributed and conducted the elections, being so favorable to liberty, forms an inconsistency which is not easily accounted for. He deprived of their right of election all the small boroughs — places the most exposed to influence and corruption. Of four hundred members which represented England, two hundred and seventy wero chosen by the counties ; the rest were elected by. London and the more considerable corporations. The lower populace too, so easily guided or deceived, were excluded from the elec- tions : an estate of two hundred pounds' value was neces- sary to entitle any one to a vote. The elections of this Par- liament were conducted with perfect freedom ; and, except- ing that such of the royalists as had borne arms against the Parliament and all their sons were excluded, a more fair representation of the people could not be desired or ex- pected. Thirty members were returned from Scotland ; as many from Ireland. The protector seems to have been disappointed when he found that all these precautions, which were probably noth- ing but covers to his ambition, had not procured him the confidence of the public. Though Cromwell's administra- tion was less odious to every party than that of any other party, yet was it entirely acceptable to none. The royalists had been instructed by the king to remain quiet, and to cover themselves under the appearance of republicans ; and they found in this latter faction such inveterate hatred against the protector that they could not wish for more zeal- ous adversaries to his authority. It was maintained by them that the pretence of liberty and a popular election was but a new artifice of this great deceiver, in order to lay asleep the deluded nation, and give himself leisure to rivet their chains more securely upon them ; that in the instru- ment of government he openly declared his intention of still retaining the same mercenary army by whose assistance he 560 HISTOET OP ENGLAITD. had subdued the ancient established government, and who would with less scruple obey him in overturning, whenever he should please to order them, that new system which he himself had been pleased to model ; that, being sensible of the danger and uncertainty of all military government, he endeavored to intermix some appearance, and but an ap- pearance, of civil administration, and to balance the army by a seeming consent of the people ; that the absurd trial ■which he had made of a Parliament elected by himself, ap- pointed perpetually to elect their successors, plainly proved that he aimed at nothing but temporary exj)edientR, was totally averse to a free republican government, and pos- sessed not that nature and deliberate reflection which could qualify him to act the part of a legislator ; that his imperious character, which had betrayed itself in so many incidents, could never seriously submit to legal limitations, nor would the very image of popular government be longer upheld than while conformable to his arbitrary will and pleasure ; and that the best policy was to oblige him to take off the mask at once, and either submit entirely to that Parliament which he had summoned, or, by totally rejecting its author- ity, leave himself no resource but in his seditious and en- thusiastic army. In prosecution of these views, the Parliament, having heard the protector's speech, three hours long,i^ and having chosen Lenthal for their speaker, immediately entered into a discussion of the pretended instrument of government, and of that authority which Cromwell, by the title of pro- tector, had assumed over the nation. The greatest liberty was used in arraigning this new dignity ; and even the per- sonal character and conduct of Cromwell escaped not with- out censure. The utmost that could be obtained by the officers and by the court party, for so they were called, was to protract the debate by arguments and long speeches, and prevent the decision of a question which, they were sensi- ble, would be carried against thorn by a great majority. The protector, surprised and enraged at this refractory spirit in the Parliament, which, however, he had so much reason to expect, sent for them to the painted chamber, and with an air of great authority inveighed against their conduct. He told them that nothing could be more absurd than for them to dis{)ute his title ; since the same instrument of gov- ernment which made them a Parliament had invested him » Thurloe, vol. ii. p. 588. HISTORY 01" ENGLAND, 561 with the protectorship ; that some points in the new consti- tution were supposed to be fundamentals, and were not, on any pretence, to be altered or disputed ; that among these were the government of the nation by a single person and a Parliament, their joint authority over the army and mili- tia, the succession of_ new parliaments, and liberty of eon- science ; and that, with regard to these particulars, there was reserved to him a negative voice, to which, in the other circumstances of government, he confessed himself nowise entitled. The protector now found the necessity of exacting a se- curity which, had he foreseen the spirit of the House, he would with better grace have required at their first meeting.'' He obliged the members to sign a recognition of his author- ity, and an engagement not to propose or consent to any alteration in the government, as it was settled in a single person and a Parliament ; and he placed guards at the door of the House, who allowed none but subscribers to enter. Most of the members, after some hesitation, submitted to this condition, but retained the same refractory spirit which they had discovered in their first debates. The instrument of government was taken in pieces, and examined, article by article, with the most scrupulous accuracy ; very free topics were advanced with the general approbation of the House ; and, during the whole course of their proceedings, they nei- ther sent up one bill to the protector, nor took any notice of him. Being informed that conspiracies were entered into between the members and some malcontent officers, he hastened to the dissolution of so dangerous an assembly. [1655.] By the instrument of government to which he had sworn, no Parliament could be dissolved till it had sat five months ; but Cromwell pretended that a month contained only twenty-eight days, according to the method of compu- tation practised in paying the fleet and army. The full time, therefore, according to this reckoning, being elapsed, the Parliament was ordered to attend the protector, who made 1 them a tedious, confused, angry harangue, and dismissed them. Were we to judge of Cromwell's capacity by this, and indeed by all his other compositions, we should be apt to entertain no very favorable idea of it. But in the great variety of human geniuses, there are some which, though they see their object clearly and distinctly in general, yet, when they come to unfold its parts by discourse or writing, " Tlinrloe, vol. ji. p. 620. Vlo. IV.— 36 562 HISTOET OF ENGLANB. lose that luminous conception which they had before at- tained. All accounts agi'ee in ascribing to Cromwell a tire- some, dark, unintelligible elocution, even when he had no intention to disguise his meaning ; yet no man's actions were ever, in such a variety of difficult incidents, more decisive and judicious. The electing of a discontented Parliament is a proof of a discontented nation ; the angry and abrupt dissolution of that Parliament is always sure to increase the general dis- content. The members of this assembly, returning to their counties, propagated that spirit of mutiny which they had exerted in the House. Sir Harry Vane and the old repub- licans, who maintained the indissoluble authority of tl\e Long Parliament, encouraged the murmurs against the pres- ent usurpation, though they acted so cautiously as to give the protector no handle against them. Wildman and some others of that party carried still further their conspiracies against the protector's authority. The royalists, observing this general ill-will towards tlie establishment, could no lon- ger be retained in subjection, but fancied that every one who was dissatisfied lilce them had also embraced the same views and inclinations. They did not consider that the old parlia- mentary party, though many of thera were displeased with Cromwell, who had dispossessed them of their power, were still more apprehensive of any success to the royal cause ; w^hence, besides a certain prospect of the same consequence, they had so much reason to dread the severest vengeance for their past transgressions. In concert with the king, a conspiracy was entered into by the royalists throughout England, and a day of general rising appointed. Information of this design was conveyed to Cromwell. The protector's administration was extremely vigilant. Thurloe, his secretary, had spies everywhere. Manning, who had access to the king's family, kept a regular correspondence with him. And it was not difficult to obtain intelligence of a confederacy so generally diffused among a party who valued themselves more on zeal and courage than on secrecy and sobriety. Many of the royalists were thrown into f)rison. Others, on the approach of the day, were ter- rified with the danger of the undertaking and remained at home. In one place alone the conspiracy broke into action. Penruddoc, Groves, Jones, and other gentlemen of the west entered Salisbury with about two hundred horse, at the very time when the sheriff and judges were holding the assizes. HISTOET OF ENGLAND. 563 These they made prisoners, and they proclaimed the king. Contrary to their expectations, they received no accession of foi'ce, so prevalent was the terror of the established gov- ernment. Having in vain wandered about for some time, they were totally discouraged ; and one troop of horse was able at last to suppress them. The leaders of the conspiracy, being taken prisoners, were capitally punished. The rest were sold for slaves, and transported to Barbadoes. The easy subduing of this insurrection, which, by the boldness of the undertaking, struck at first a great terror into the nation, was a singular felicity to the protector, who could not, without danger, have brought together any con- siderable body of his mutinous army, in order to suppress it. The very insurrection itself he regarded as a fortunate event, since it proved the reality of those conspiracies which his- enemies, on every occasion, represented as mere fictions, in- vented to color his tyrannical severities. He resolved to keep no longer any terms with the royalists, who, though ^ they were not perhaps the most implacable of his enemies, were those whom he could oppress under the most plausible pretences, and who met with least countenance and protec- tion from his adherents. He issued an edict, with the con- sent of his council, for exacting the tenth penny from that whole party, in order, as he pretended, to make them pay the expenses to which their mutinous disposition continually exposed the public. Without regard to compositions, arti- cles of capitulation, or acts of indemnity, all tlie royalists, however harassed with former oppressions, were obliged anew to redeem themselves by great sums of money ; and many of them were reduced by these multiplied disasters to extreme poverty. Whoever was known to be disaffected, or even lay under any suspicion, though no guilt could be proved against him, was exposed to the new exaction. In order to raise this imposition, which commonly passed by the name of decimation, the protector instituted twelve major-generals, and divided the whole kingdom of England into so many military jurisdictions." These men, assisted by commissioners, had power to subject whom they pleased to decimation, to levy all the taxes imposed by the protector and his council, and to imprison any person who should be exposed to their jealousy or suspicion ; nor was there any appeal from them but to the protector himself and his coun- cil. Under color of these powers, which were sufficiently " Parliamentary History, vol. xx. p. 433. 564 HISTOEY OF ENGLAND. exorbitant, the major-generals exercised an authority still more arbitrary, and acted as if absolute masters of the prop- erty and person of every subject. All reasonable men now concluded that the very mask of liberty was thrown aside, and that the nation was forever subjected to military and despotic government, exercised not in the legal manner of European nations, but according to the maxims of Eastern tyranny. Not only the supreme magistrate owed his au- thority to illegal force and usurpation; he had parcelled out the people into so many subdivisions of slavery, and had delegated to his inferior ministers the same unlimited au- thority which he himself had so violently assunied. A government totally military and despotic is almost sure, after some time, to fall into impotence and languor; but when it immediately succeeds a legal constitution, it may, at first, to foreign nations, appear very vigorous and active, and may exert with more unanimity that power, spirit, and riches which had been acquired under a better form. It seems now proper, after so long an interval, to look abroad to the general state of Europe, and to consider the measures which England at this time embraced in its negotiations with the neighboring princes. The moderate temper and unwarlike genius of the two last princes, the extreme difiiculties under which they labored at home, and the great security which they enjoyed from foreign enemies, bad rendered them negligent of the transactions on the Continent ; and England, during their reigns, had been in a manner overlooked in the general system of Europe. The bold and restless genius of the protector led him to extend his alliances and enterprises to every part of Christendom ; and, partly from the ascendant of his magnanimous spirit, partly from the situation of foreign kingdoms, the weight of England, even under its most legal and bravest princes, was never more sensibly felt than during this unjust and violent usurpation. A war of thirty years, the most signal and most de- structive that had appeared in modern annals, was at last finished in Germany ; ^^ and by the, treaty of Westphalia were composed those fatal quarrels which had been excited by the Palatine's precipitate acceptance of the crown of Bohemia. The young Palatine was restored to part of his dignities and of his dominions.^^ The rights, privilegeSj IB In 1648. 1" This prince, during the civil wars, had much neglected his uncle, and paid court to the Parliament. He accepted of a pension of eight thousand pounds a year from them, and took a place in their assembly of dlrlDea. HISTOET OF ENGLAND. 565 and authority of the several menjbers of the Germanic body were fixed and ascertained ; sovereign princes and free states were in some degree reduced to obedience under laws ; and by the valor of the heroic Gustavus, the enterprises of the active Richelieu, the intrigues of the artful Mazarine, was in part effected, after an infinite expense of blood and treasure, what had been fondly expected and loudly demanded from the feeble efforts of the pacific James, seconded by the scanty suiDplies of his jealous parliaments. Sweden, which had acquired by conquest large domin- ions in the north of Germany, was engaged in enterprises which promised her, from her success and valor, still more extensive acquisitions on the side both of Poland and of Denmark. Charles X., who had mounted the throne of that kingdom after the voluntary resignation of Christina, being stimujated by the fame of Gustavus, as well as by his own martial disposition, carried his conquering arms to the south of the Baltic, and gained the celebrated battle of Warsaw, which had been obstinately disputed during the space of three days. The protector, at the time his alliance was courted by every power in Europe, anxiously courted the alliance of Sweden ; and he was fond of forming a confede- racy with a Protestant power of such renown, even though it threatened the whole North with conquest and subjection. The transactions of the Parliament and protector with France had been various and complicated. The emissaries of Richelieu had furnished fuel to the flame of rebellion when it first broke out in Scotland ; but after the conflagra- tion had diffused itself, the French court, observing tlie materials to be of themselves suflSciently combustible, found it unnecessary any longer to animate the British malcontents to an opposition of their sovereign. On the contrary, they offered their mediation for composing these intestine dis- orders ; and their ambassadors, from decency, pretended to act in concert with the court of England, and to receive directions from a prince with whom their master was con- nected by so near an affinity. Meanwhile, Richelieu died ; and soon after him the French king, Louis XIII., leaving his son, an infant four years old, and his widow, Anne of Aus- tria, regent of the kingdom. Cardinal Mazarine succeeded Richelieu in the ministry; and the same plans of general policy, though by men of such opposite characters, was still continued in the French councils. The establishment of royal authority, the reduction of the Austrian family, were 566 HiSTOEY or England. pursued with ardor and success ; and every year brought an accession of force and grandeur to the French monarchy. Not only battles were won, towns and fortresses taken ; the genius too of the nation seemed gradually to improve, and to compose itself to the spirit of dutiful obedience and of steady enterprise. A Conde, a Turenne, were formed ; and the troops, animated by their valor and guided by their discipline, acquired every day a greater ascendant over the Spaniards. All of a sudden, from some intrigues of the court and some discontents in the courts of judicature, intestine commotions were excited, and everything relapsed into confusion. But these rebellions of the French, neither ennobled by the spirit of liberty nor disgraced by the fanatical extravagances which distinguished the British civil wars, were conducted with little bloodshed, and made but a small impression on the minds of the people. Though seconded by the force of Spain and conducted by the Prince of Conde, the malcontents, in a little time, were either ex- pelled or subdued ; and the French monarchy, having lost a few of its conquests, returned with fresh vigor to the acquisition of new dominion. The Queen of England and her son Charles, during these commotions, passed most of their time at Paris, and, notwith- standing their near connection of blood, received but few civilities, and still less support, from the French court. Had the queen-regent been ever so much inclined to assist the English prince, the disorders of her own affairs would for a long time have rendered such intentions impracticable. The banished queen had a moderate pension assigned her ; but it was so ill paid, and her credit ran so low, that one morn- ing when the Cardinal de Retz waited on her, she informed him that her daughter, the Princess Henriettn, was obliged to lie a-bed for want of a fire to warm her. To such a con- dition was reduced, in the midst of Paris, a queen of Eng- land, and daughter of Henry IV. of Prance. The English Parliament, however, having assumed the sovereignty of the state, resented tlie countenance, cold as it was, which the French court gave to the unfortunate monarch. On pretence of injuries, of which the English merchants complained, they issued letters of reprisal upon the French, and Blake went so far as to attack and seize the whole squadron of ships which were carrying supplies to Dunkirk, then closely besieged by the Spaniards. That town, disappointed of these supplies, fell into the hands of HISTORY OF ENGLAND, 567 the enemy. The French ministry soon found it necessary to change their measures. They treated Charles with such affected indifference that he thought it more decent to with- draw, and prevent the indignity of being desii-ed to leave the kingdom. He went first to Spa, thence he retired to Cologne, where he lived two years on a small pension (about six thousand pounds a year), paid him by the court of France, and on some contributions sent him by his friends in Eng- land. In the management of his family he discovered a disposition to order and economy ; and his temper, cheerful, careless, and sociable, was more than a sufficient compensa- tion for that empire of which his enemies had bereaved him. Sir EdwardJHyde, created lord chancellor, and the Marquis of Ormond were his chief friends and confidants. If the French ministry had thought it prudent to bend under the English Parliament, they deemed it still more necessary to pay deference to the protector when he assumed the reins of government. Cardinal Mazarine, by whom all the councils of France were directed, was artful and vigilant, supple and patient, false and intriguing ; desirous rather to prevail by dexterity than violence, and placing his honor more in the final success of his measures than in the splendor and magnanimity of the means which he employed. Crom- well, by his imperious character, rather than by the ad- vantage of his situation, acquired an ascendant over this man, and every proposal made by the protector, however unreasonable in itself, and urged with whatever insolence, met with a ready compliance from the politic and timid cardinal. Bourdeaux was sent over to England as minister ; and all circumstances of respect were paid to the daring usurper who had imbrued his hands in the blood of a sovereign, a prince so nearly related to the royal family of France. With indefatigable patience did Bourdeaux con- duct this negotiation, which Cromwell seemed entirely to neglect ; and though privateers with English commissions cornmitted daily depredations on the French commerce. Mazarine was content, in hopes of a fortunate issue, still to submit to these indignities." The court of Spain, less connected with the unfortunate royal family, and reduced to greater distress than the French monarchy, had been still more forward in her " Tliurloe, vol. ili. pp. 103, 619, 653. In the treaty, which was signed after long negotiation, the protector's name was inserted before the French liing's in that copy which remained in England.— Thurloe, vol. vi. p. 116. See further vol. vii. p. 1T8. 568 HISTOET OF BN'GLA.IS'D. advances to the prosperous Parliament and protector. Don Alonzo de Cardenas, the Spanish envoy, was the first public minister who recognized the authority of the new republic ; and in return for this civility Ascham was sent envoy into Spain by the Parliament. No sooner had this minister arrived at Madrid than some of the banished royalists, inflamed by that inveterate hatred which animated the English factions, broke into his chamber and murdered him, together with his secretary. Immediately they took sanc- tuary in the churches, and, assisted by the general favor which everywhere attended the royal cause, were enabled, most of them, to make their escape. Only one of tlie criminals suffered death, and the Parliament seemed to rest satisfied with this atonement. Spain at this time, assailed everywhere by vigorous ene- mies from without, and laboring under many internal dis- orders, retained nothing of her former grandeur except the haughty pride of her counsels and the hatred and jealousy of her neighbors. Portugal had rebelled, and established her monarchy in the house of Braganza ; Catalonia, complaining of violated privileges, had revolted to Prance ; Naples was shaken with popular convulsions ; the Low Countries were invaded with superior forces and seemed ready to change their master ; the Spanish infantry, anciently so formidable, had been annihilated by Conde in the fields of Rocroy ; and though the same prince, banished France, sustained" by his activity and valor the falling fortunes of Spain, he could only hope to protract, not prevent, the ruin with which that monarchy was visibly threatened. Had Cromwell understood and regarded the interests of his country, he would have supported the declining condi- tion of Spain against the dangerous ambition of France, and preserved that balance of power on which the greatness and security of England so much depend. Had he studied only his own interests, he would have maintained an exact neutrality between those great monarchies ; nor would he have hazarded his ill-acquired and unsettled power by pro- voking foreign enemies, who might lend assistance to do- mestic faction and overturn his tottering throne. But his magnanimity undervalued danger ; his active disposition and avidity of extensive glory made him incapable of ]-e- pose, and as the policy of men is continually warped by their temper, no sooner was peace made with Holland than he began to deliberate what new enemy he should invade with his victorious arms. HISTOEY OF ENGLAND. 569 The extensive empire and yet extreme weakness of Spain in the West Indies, the vigorous courage and great naval power of England, were circumstances whioh, when com- pared, excited the ambition of the enterprising protector, and made him hope that he might by some gainful conquest ren- der forever illustrious that dominion w-liich he had assumed over his country. Should he fail in these durable acquisi- tions, the Indian treasures, which must every year cross the ocean to reach Spain, were, he thought, a sure prey to the English navy, and would support his military force without his laying new burdens on the discontented people. From France a vigorous resistance must be expected; no plunder, no conquests, could be hoped for ; the progress of his arms, even attended with success, must there be slow and gradual, and the advantages acquired, however real, would be less striking to the multitude, whom it was his interest to allure. The royal family, so closely connected with the French monarch, might receive great assistance from that neighboring kingdom, and an ai'my of French Protestants, landed in England, would be able, he dreaded, to unite the most opposite factions against the present usurpation." These motives of policy were probably seconded by his bigoted prejudices, as no human mind ever contained so strange a mixture of sagacity and absurdity as that of this extraordinary personage. The Swedish alliance, though much contrary to the interests of England, he had contracted merely from his zeal for Protestantism,^" and Sweden, being closely connected with France, he could not hope to main- tain that confederacy in which he so much prided himself should a rupture ensue between England and this latter kingdom.^" The Huguenots, he expected, would meet with better treatment, while he engaged in a close union with their sovereign.''' And as the Spaniards were much more papists than the French, were much more exposed to the old puritanical hatred,^^ and had even erected the bloody tribunal of the Inquisition, whose rigors they had refused to mitigate on Cromwell's solicitation,^^ he hoped that a w See the account of the negotiations with France and Spain hy Thurloe, Tol. i. p. 759. 1^ He proposed to Sweden a general league and confederacy of all the Prot- estants.—Whitlocke, p. 620. Thurloe, vol. vii. 5. 1. In order to judge of the maxims by which he conducted his foreign polilics, see further Thurloe, vol. iv. p. 295, 3i3, 443 ; vol. vii. p. 174. 20 Thurloe, vol. i. p. 759. 21 iMd. 22 Jbld. » Ibid. Don Alonzo said that the Indian trade and the Inquisition were hia master's two eyes, and the protector Insisted upon the putting out both of them at once. 570 HISTOET OF ENGLAND. holy and meritorious war with such idolaters could not fail of protection from Heaven.^ A preacher likewise, inspired, as was supposed, by- a prophetic spirit, bade him "go and prosper ; " calling him " a stone cut out of the mountains without hands, that would break the pride of the Spaniard, crush Antichrist, and make way for the purity of the Gospel over the whole world." ^ Actuated equally by these bigoted, these ambitious, and these interested motives, the protector equipped two con- siderable squadrons ; and while he was making those prep- arations, the neighboring states, ignorant of his intentions, remained in suspense, and looked with anxious expectation on what side the storm should discharge itself. One of these squadrons, consisting of thirty capital ships, was sent into the Mediterranean under Blake, whose fame was now spread over Europe. No English fleet, except during the Crusades, had ever before sailed in those seas, and from one extremity to the other there was no naval force. Christian or Mahometan, able to resist them. The Roman pontiff, whose weakness and whose pride equally provoked attacks, dreaded invasion from a power which professed the most inveterate enmity against him, and which so little reg- ulated its movements by the usual motives of interest and prudence. Blake, casting anchor before Leghorn, demanded and obtained from the Duke of Tuscany reparation for some losses which the English commerce had formei-ly sus- tained from him. He next sailed to Algiers, and compelled the dey to make peace, and to restrain his piratical subjects from further violences on the English. He presente4 him- self before Tunis, and having there made the same demands, the dey of that republic bade him look to the castles of Porto Farino and Goletta, and do his utmost. Blake needed not to be roused by such a bravado ; he drew his ships close up to the castles, and tore them in pieces with his artillery. He sent a numerous detachment of sailors in their long boats into the harbor, and burned every ship which lay there. This bold action, which its very temerity, perhaps, rendered safe, was executed with little loss, and filled all that part of the world with the renown of English valor. The other squadron was not equally successful. It was commanded by Pen, and carried on board four thousand men, under the command of Venables. About five thousand more joined them from Barbadoes and St. Christopher's. » Carrington, p. 191. 25 Bates. HISTORY OP ENGLAND. 571 Both these officers were inclined to the king's service,"* and it is pretended that Cromwell was obliged to hurry the soldiers on board, in order to prevent the execution of a conspiracy which had been formed among them in favoi- of the exiled family." The ill success of this enterprise may justly be ascribed as much to the injudicious schetses of the protector, who planned it, as to the bad execution of the officers by whom it was conducte-l. The soldiei-s were the refuse of the whole army ; the forces enlisted in the West Indies were the most profligate of mankind ; Pen and Ven- ables were of incompatible tempers ; the troops were not furnished with arms fit for such an expedition ; their pro- visions were defective both in quantity and quality; all hopes of pillage, the best incentive to valor among such men, were refused the soldiers and seamen ; no directions or intelligence were given to conduct the officers in their enterprise ; and at the same time they were tied down to follow the advice of commissioners who disconcerted them in all their projects.^* It was agreed by the admiral and general to attempt St. Domingo, the only place of strength in the island of Hispan- iola. On the approach of the English, the Sp.iniards, in a fright, deserted their houses, and fled into the woods. Con- trary to the opinion of Venables, the soldiers were disem- barked without guides, ten leagues distant from the town. They wandered four days through the woods without pro- visions, and, what was still more intolerable in that sultry clima'-^, without water. The Spaniards recovered spirit, and attacked them. The English, discouraged with the bad conduct of their officers, and scarcely alive from hunger, thirst, and fatigue, were unable to resist. An inconsider- able number of the enemy put the whole army to rout, killed six hundred of them, and chased the rest on board their vessels. The English commanders, in order to atone as much as possible for this unprosperous attempt, bent their course to Jamaica, which was surrendered to them without a blow. Pen and Venables returned to England, and were both of them sent to the Tower by the protector, who, though com- monly master of his fiery temper, was thrown into a violent passion at this disappointment. He had made a conquest 26 Clarendon. " Vita D. Berwici, p. 124. 28 Buicliet's Naval History. See also Carte's Collection, toI. ii. pp. 46, 47. Thurloe, vol. iii. p. 606. 572 HISTORY OF BNGLAOT). of greater importance than he was himself at that time aware of ; yet was it much inferior to the vast projects which he had formed. He gave orders, however, to support it by men and money; and that island has ever since remained in the hands of the English, the chief acquisition which they owe to the enterprising spirit of Cromwell. [1656.] As soon as the news of this expedition, which was an unwarrantable violation of treaty, arrived in Europe, the Spaniards declared war against England, and seized all the ships and goods of English merchants of which they could make themselves masters. The commerce with Spain, so profitable to the English, was cut off ; and near fifteen hundred vessels, it is computed,^' fell in a few years into the hands of the enemy. Blake, to whom Montague was now joined in command, after receiving new orders, prepared himself for hostilities against the Spaniards. Several sea officers, having entertained scruples of con- science with regard to the justice of the Spanish war, threw up their commissions and i-etired.^" No commands, they thought, of their superiors could justify a war which was contrary to the principles of natural equity, and which the civil magistrate had no right to order. Individuals, they maintained, in resigning to the public their natural liberty, could bestow on it only what they themselves were pos- sessed of, a right of performing lawful actions, and could invest it with no authority of commanding what is contrary to the decrees of Heaven. Such maxims, though they seem reasonable, are perhaps too perfect for human nature, and must be regarded as one effect — though of the most inno- cent and even honorable kind— of that spirit, partly fanat- ical, partly republican, which predominated in England. Blake lay some time off Cadiz in expectation of inter- cepting the Plate fleet, but was at last obliged, for want of water, to make sail towards Portugal. Captain Stayner, Avhom he had left on the coast with a squadron of seven ves- sels, came in sight of the galle-ns, and immediately set sail to pur ae them. The Spanish dmiral ran his ship ashore ; two others followed his example ; the English took two ships valued at near two millions of pieces of eight. Two galle- ons were set on fire; and the Marquis of Badajoz, Viceroy of Peru, with his wife, and his daughter (betrothed to the young Duke of Medina Celi), were destroyed in thei^i. The M Thurloe, vol. iv. p. 135. World's Mistalte in Oliver Cromwell, in ttie Hai^ leian Misoel. vol. i. w Thurloe, vol. iv. pp. 670, 5S9. HISTOEY OF ENGLAND. 573 marquis himself might have escaped, but, seeing these un- fortunate women, astonished with tlie danger, fall in a swoon and perish in the flames, he rather chose to die with them than drag out a life embittered with the remembrance of such dismal scenes.''^ When the treasures gained by this enterprise arrived at Portsmouth, the protector, from a spirit of ostentation, ordered them to be transported by land to London. The next action against the Spaniards was more honor- able, though less profitable, to the nation. Blake, having heard that a Spanish fleet of sixteen ships, much richer than the former, had taken shelter in the Canaries, immediately made sail towards them. He found them in the bay of Santa Cruz, disposed in a formidable posture. The bay was secured with a strong castle, well provided with cannony besides seven forts in several parts of it, all united by a line of communication, manned with musketeers. Don Diego Diagues, the Spanish admiral, ordered all his smaller ves- sels to moor close to the shore, and posted the large galleons farther off, at anchor, with their broadsides to the sea. Blake was rather animated than daunted with this ap- pearance. The wind seconded his courage, and, blowing full into the bay, in a moment brought him among the thick- est of his enemies. After a resistance of four hours, the Spaniards yielded to English valor, and abandoned their ships, which were set on fire, and consumed with all their treasure. The greatest danger still remained to the English. They lay under the fire of the castles and all the forts, which must in a little time have torn them in pieces. But the wind, suddenly shifting, carried them out of the bay, where they left the Spaniards in astonishment at the happy temer- ity of their audacious victors. This was the last and greatest action of the gallant Blake. He was consumed with a dropsy and scurvy, and hastened home that he might yield up his breath in his na- tive country, which he had so much adorned by his valor. As he came within sight of land, he expired.*^ Never man so zealous for a faction was so much respected and esteemed even by the opposite factions. He was by principle an in- flexible republican ; and the late usurpations, amid all the trusts and caresses which he received from the ruling powers, were thought to be very little grateful to him. " It is still our duty," he said to the seamen, " to fight for our country, SI Thuiloe, vol. t. p. 443. 82 20tli of April, 1657. 574 HISTOET OF ENGLAND. into what hands soever the government may fall." Disinter- ested, generous, liberal, ambitious only of true glory, dread- ful only to his avowed enemies, he forms one of the most perfect characters of the age, and the least stained with those errors and violences which were then so predominant. The protector ordered him a pompous funeral at the public charge ; but the tears of his countrymen were the most hon- orable panegyric on his memory. The conduct of the protector in foreign affairs, though imprudent and impolitic, was full of vigor and enterprise, and drew a consideration to his country which, since the reign of Elizabeth, it seemed to have totally lost. The great mind of this successful usurper was intent on spreading the renown of the English nation ; and, while he struck man- kind with astonishment at his extraordinary fortune, he seemed to ennoble instead of debasing that people whom he had reduced to subjection. It was his boast that he would render the name of an Englishman as much feared and revered as ever was that of a Roman ; and, as his country- men found some reality in these pretensions, their national vanity being gratified, made them bear with more patience all the intdignities and calamities under which they labored. It mu|t also be acknowledged that the protector, in his civil and-domestio administration, displayed as great regard V both to justice and clemency as his usurped authority, de- rived from no law and founded only on the sword, could ; possibly permit. All the chief offices in the courts of judi- ] cature were filled with men of integrity; amid the virulence ; of faction, the decrees of the judges were upright and im- ; partial ; and to every man but himself, and to himself except ] where necessity required the contrary, the law was the great , rule o£ conduct and behavior. Vane and Lilburn, whose ' 6redit with the republicans and Levellers he dreaded,' were indeed for some time confined to prison. Cony, who refused to pay illegal taxes, was obliged by menaces to depart from his obstinacy. High courts of justice were erected to try those who. had engaged in conspiracies and insurrections against the protector's authority, and whom he could not safely commit to the verdicts of juries. But these irregular- ities were deemed inevitable consequences of his illegal au- thority. And, though often urged by his officers, as is pre- tended,^^ to attempt a general massacre of the royalists, he always with horror rejected such sanguinary counsels. s» Clarendon, Life of Dr. Berwick. HISTOET OF ENGLAND. 575 In the army was laid the whole basis of the protector's power, and in managing it consisted the chief art and deli- cacy of his government. The soldiers were held in exact discipline — a policy which both accustomed them to obedi- ence, and made them less hateful and burdensome to the peo- ple. He augmented their pay, though the jjublic necessi- ties sometimes obliged him to run in arrears to them. Their interests, they were sensible, were closely connected with those of their general and protector ; and he entirely com- manded their affectionate regard by his abilities and success in almost every enterprise which he had hitherto undertaken. But all military government is precarious ; much more where it stands in opposition to civil establishments, and still more where it encounters religious prejudices. By the wild fanaticism which he had nourished in the soldiers, he had seduced them into measures for which, if openly pro- posed to them, they would have entertained the utmost aversion. But this same spirit rendered them more difficult to be governed, and made their caprices terrible even to that hand which directed their movements. So often taught that the office of king was a usurpation upon Christ, they were apt to suspect a protector not to be altogether com- patible with that divine authority. Harrison, though raised to the highest dignity and possessed of Cromwell's confi- dence, became his most inveterate enemy as soon as the au- thority of a single person was established against which that usurper had always made such violent protestations. Over- ton, Rich, Okey, officers of rank in the army, were actuated with like principles, and Cromwell was obliged to deprive them of their commissions. Their influence, which was be- fore thought unbounded among the troops, seemed from that moment to be totally annihilated. The more effectually to curb the enthusiastic and sediti- ous spirit of the troops, Cromwell established a kind of militia in the several counties. Companies of infantry and cavalry were enlisted under proper officers, regular pay dis- tributed among them, and a resource by that means pro- vided both against the insurrections of the royalists and mutiny of the army. Religion can never be deemed a point of small conse- quence in civil government ; but during this period it may be regarded as the great spring of men's actions and deter- minations. Though transported himself with the most fran- tic whimsies, Cromwell had adopted a scheme for regulating 576 HISTORY OF ENGLAND. this principle in others which was sagacious and political. Being resolved to maintain a national church, yet deter- mined neither to admit Episcopacy nor Presbytery, he es- tablished a number of commissioners under the name of triers, partly laymen, partly ecclesiastics, some Presbyteri- ans, some Independents. These presented to all livings which were formerly in the gift of the crown ; they ex- amined and admitted such persons as received holy orders ; and they inspected the lives, docti-ine, and behavior of the clergy. Instead of supporting that union between learning and theology which has so long been attempted in Europe, these triers embraced the latter principle in its full purity, and made it the sole object of their examination. The can- didates were no more perplexed with questions concerning their progress in Greek and Roman erudition, concerning their talent for profane arts and sciences : the chief object of scrutiny regarded their advances in grace, and fixing the critical moment of their conversion. With the pretended saints of all denominations Crom- well was familiar and easy. Laying aside the state of pro- tector, which, on other occasions, he well knew how to main- tain, he insinuated to them that nothing but necessity could ever oblige him to invest himself with it. He talked spirit- ually to them. He sighed, he wept, he canted, he prayed. He even entered with them into an emulation of ghostly gifts ; and these men, instead of grieving to be outdone in their own way, were proud that his highness, by his princely example, had dignified those practices in which they them- selves were daily occupied.^* If Cromwell might be said to adhere to any particular form of religion, they were the Independents who could chiefly boast of his favor ; and it may be afiirmed that such pastors of that sect as were not passionately addicted to civil liberty were all of them devoted to him. The Presbyterian clergy also, saved from the ravages of the Anabaptists and Millenarians, and enjoying their estab- lishments and tithes, were not averse to his government, though he still entertained a great jealousy of that ambi- 3* Cromwell followed, though but in part, the advice which he received from General Harrison at the time when the intimacy mid endearment most strongly subsisted betwixt them. "Let the waiting upon Jehovali," said that military saint, "be the greatest and most considerable business you have evei-y day. Eeckon it so, more than to eat, sleep, and counsel together. Bun aside somel times from your company, and get a word with the Lord. Why should not you have three or four precious souls always standing at your elbow, with whom you might now and then turn into a corner ? 1 have found refreshment and mercy in such a way."— Mijton's State Papers, p. 12, HISTOEY OV ENGLAND. 577 tions and restless spirit by -which they were actuated. He granted an unbounded liberty of conscience to all but Catho- lics and prelatists; and by that means he both attached the wild sectaries to his person, and employed them in curbing the domineering spirit of the Presbyterians. " I am the only man," he was often heard to say, " who has known how to subdue that insolent sect which can suffer none but itself." The Protestant zeal which possessed the Presbyterians and Independents was higlily gratified by the haughty man- ner in which the protector so successfully supported the per- secuted Protestants throughout all Europe. Even the Duke of Savoy, so remote a power, and so little exposed to the naval force of England, was obliged, by the authority of France, to comply with his mediation, and to tolerate the Protestants of the valleys, against whom that prince had commenced a furious persecution. France itself was con- strained to bear, not only with the religion, but even, in some instances, with the seditious insolence, of the Hugue- nots ; and when the French court applied for a reciprocal toleration of the Catholic religion in England, the protector, who arrogated in everything the superiority, would hearken to no such proposal. He had entertained a project of insti- tuting a college, in imitation of that at Rome, for the prop- agation of the faith ; and his apostles in zeal, though not in unanimity, had certainly been a full match for the Catho- lics. Cromwell retained the Church of England in constraint, though he jiermitted its clergy a little more liberty than the republican Parliament had formerly allowed. lie was pleased that the superior lenity of his administration should in everything be remarked. He bridled the royalists, both by the army which he retained and by those secret spies which he found means to intermix in all their counsels. Manning being detected and punished with death, he cor- rupted Sir Richard Willis, who was much trusted by Chan- cellor Hyde and all the royalists ; and by means of this man he was let into every design and conspiracy of the party. He could disconcert any project by confining the persons who were to be the actors in it ; and as he restored them afterwards to liberty, his severity passed only for the result of general jealousy and suspicion. The secret source of his intelligence remained still unknown and unsuspected. Conspiracies for an assassination he was chiefly afraid of, Vol. IV.— 37 578 HISTORY OF ENGLAND. these being designs which no prudence or vigilance could evade. ColonelTitus, under the name of Allen, had writ- ten a spirited discourse, exhorting every one to embrace this method of vengeance; and Cromwell knew that the in- flamed minds of the royal party were sufliciently disposed to put the doctrine in practice against him. He openly told them that assassinations were base and odious, and he never would commence hostilities by so shameful an expedient ; but if the first attempt or provocation came from them, he would retaliate to the uttermost. Pie liad instruments, he said, whom he could employ, and he never would desist till he had totally exterminated the royal family. This menace, more than all his guards, contributed to the security of his person.^ There was no point about which the protector was more solicitous than to procure intelligence. This article alone, it is said, cost him sixty thousand pounds a year. Post- masters, both at home and abroad, were in his pay ; carriers were searched or bribed ; secretaries and clerks were cor- rupted ; the greatest zealots in all parties were often those who conveyed private information to him ; and nothing could escape his vigilant inquiry. Such at least is the rep- resentation made by historians of Cromwell's administra- ' tion. But it must be confessed that, if we may judge by those volumes of Thurloe's papers which have been lately published, this affair, like many others, has been greatly magnified. We scarcely find by that collection that any secret counsels of foreign states, except those of Holland, which are not expected to be concealed, were known to the protector. The general behavior and deportment of this man, who had been raised from a very private station, who had passed most of his youth in the country, and who was still con- strained so much to frequent bad company, was such as might befit the greatest monarch. He maintained a dignity without either affectation or ostentation, and supported with all strangers that high idea with which his great ex- ploits and prodigious fortune had impressed them. Among his ancient friends he could relax himself ; and by trifling and amusement, jesting and. making verses, he feared not exposing himself to their most familiar approaches.^^ With others he sometimes pushed matters to the length of rustic buffoonery ; and he would amuse himself by putting burn- 's See note [LL] at the end of tlie volume. " Whitlooke, p. 647, HISTORY OF ENGLAND. 579 ing coak into the boots and hose of the officers who attended him.*' Before the king's trial, a meeting was agreed on between the chiefs of the republican party and the general officers, in order to concert the model of that free govern- ment which they were to substitute in the room of the mon- archical constitution now totally subverted. After debates on this subject — the most important that could fall under the discussion of human creatures — 'Ludlow tells us that Cromwell, by way of frolic, threw a cushion at his head ; and when Ludlow took up another cushion, in order to re- turn the compliment, the general ran down-stairs, and had almost fallen in the hurry. When the high court of justice was signing the warrant for the execution of the king, a matter, if possible, still more serious, Cromwell, taking the pen in his hand, befoi-e he subscribed his name, bedaubed with ink the face of Martin, who sat next Iiim ; and, the pen being delivered to Martin, he practised the same frolic upon Cromwell.*' He frequently gave feasts to his inferior officers ; and when the meat was set upon the table, a signal was given, the soldiers rushed in upon them, and with much noise, tumult, and confusion, ran away with all the dishes, and disappointed the guests of their expected meal."' That vein of the frolic and pleasantry which made a part, however inconsistent, of Cromwell's character was apt sometimes to betray him into other inconsistencies, and to discover itself even where religion might seem to be a little concerned. It is a tradition that one day, sitting at table, the protector had a bottle of wine brought him, of a kind which he valued so highly that he must needs open the bottle himself ; but in attempting it, the corkscrew dropped from his hand. Immediately his courtiers and generals flung themselves on the floor to recover it. Cromwell burst out a-laughing. " Should any fool," said he, " put in his head at the door, he would fancy, from your posture, that you were seeking the Lord ; and you are only seeking a corkscrew." Amid all the unguarded play and buffoonery of this singular personage, he took the opportunity of remarking the characters, designs, and weaknesses of men ; and he would sometimes push them, by an indulgence in wine, to open to him the most secret recesses of their bosom. Great regularity, however, and even austerity of manners, were always maintained in his court ; and he was careful never, 87 Bates 38 Trial of the Regicides. »" Bates. 580 HISTORY OF ENGLAND. by any liberties, to give offence to the most rigid of the godly. Some state was upheld, but with little expense and without any splendor. The nobility, though courted by him, kept at a distance, and disdained to intermix with those mean persons who were the instruments of his govern- ment. Without departing from economy, he was generous to those who served him ; and he knew how to find out and engage in his interests every man possessed of those talents which any particular employment demanded. His generals, his admirals, his judges, his ambassadors, were persons who contributed, all of them in their several spheres, to the security of the protector, and to the honor and interest of the nation. f Under pretence of uniting Scotland and Ireland in one \ commonwealth with England, Cromwell had reduced those [kingdoms to a total subjection; and he treated them en- itirely as conquered provinces. The civil administration of ■Scotland was placed in a council consisting mostly of Eng- lish, of which Lord Brogliil was president. Justice was ad- ministered by seven judges, four of whom were English. In oi'der to curb the tyrannical nobility, he both abolished all vassalagCr^" and revived the office of justice of peace, which King James had introduced but was not able to support.''* A long line of forts and garrisons was main- tained throughout the kingdom. An array of ten thousand men ^ kept everything in peace and obedience ; and neither the banditti of the rnountains nor the bigots of the Low Countries could indulge their inclination to turbulence and disorder. He courted the Presbyterian clergy, though he nourished that intestine enmity which prevniled between resolutioners and protesters ; and he found that very little policy was requisite to foment quarrels among theologians. He permitted no church assemblies, being sensible that from thence had proceeded many of the past disorders ; and, in the main, the Scots were obliged to acknowledge that never before, while they enjoyed their irregular, factious liberty, had they obtained so much happiness as at present, when reduced to subjection under a foreign nation. The protector's administration of Ireland was more severe and violent. The government of that Island was first intrusted to Fleetwood, a notorious fanatic, who had married Ireton's widow ; then to Henry Cromwell, second son of the protector, a young man of an amiable, mild dis- 40 WMtlooke, p. 570. •' Thurloe, vol. iy. p. 57. " Thurloe, vol. Iv. p. 557. HISTORY OF ENGLAND. 581 position, and not destitute of vigor and capacity. Above five millions of a,cres, forfeited either by the popish rebels or by the adherents of the king, were divided, partly among the adventurers who had advanced money to the Parlia- ment, partly among the English soldiers who had arrears due to them. Examples of a more sudden and violent change of property are scarcely to be found in any history. An order was even issued to confine all the native Irish to the province of Connaught, where they would be shut up by rivers, lakes, and mountains, and could not, it was hoped, be any longer dangerous to the English government; but this barbarous and absurd policy, which, from an impatience of attain. iig immediate security, must have depopulated all the other provinces and rendered the English estates of no value, was soon abandoned as impracticable. Cromwell began to hope that by his administration, at- tended with so much lustre and success abroad, so much order and tranquillity at home, he had now acquired such authority as would enable him to meet the representatives of the nation, and would assure him of their dutiful com- pliance with his government. He summoned a Parliament ; but, not trusting altogether to the good-will of the people, he used every art which his new model of representation j allowed him to employ, in order to influence the elections! and fill the House with liis own creatures. Ireland, being! entirely in the hands of the army, chose few but such officers as were most acceptable to him. Scotland showed a like compliance ; and as the nobility and gentry of that kingdom regarded their attendance on English parliaments as an ignominious badge of slavery, it was, on that account, more easy for the officers to prevail in the elections. Not- withstanding all these precautions, the protector still found that tiie majority would not be favorable to him. He set guards, therefore, on the door, who permitted none to enti e but such as produced a warrant from his council ; and tha council rejected about u, hundred, who either refused a recognition of the protector's government, or were on other accounts obnoxious to him. These protested against so egregious a violence, subversive of all liberty ; but every application for redress was neglected both by the council and the Parliament. The majority of the Parliament, by means of these arts and violences, was now atlast either friendly to the protector, or resolved by their compliance to adjust, if possible, this 582 HISTORY OF ENGLAND. military government lj their laws and liberties. They voted a renunciation of all title in Charles Stuart or any of his family ; and this was the first act dignified v.itli tlie ap- pearance of national consent which had ever had that ten- dency. Colonel Jephson, in order to sound the inclinations of the House, ventured to move that the Parliament should bestow the crown on Cromwell ; and no surprise or re-^ luctance was discovered on the occasion. When Cromwell afterwards asked Jephson what induced him to make such a motion, " As long," said Jephson, " as I have the honor to sit in Parliament, I must follow the dictates of my own conscience, whatever offence I may be so unfortunate as to give to you." " Get thee gone," said Cromwell, giving him a gentle blow on the shoulder — "get thee gone, for a mad fellow as thou art." In order to pave the way to this advancement, for which he so ardently longed, Cromwell resolved to sacrifice his major-generals, whom he knew to be extremely odious to the nation. That measure was also become necessary for his own security. All government purely military fluctu- ates perpetually between a despotic monarchy and a des- potic aristocracy, according as the authority of the chief commander prevails, or that of the officers next him in rank and dignity. The major-generals, being pos- sessed of so much distinct jurisdiction, began to estab- lish a separate title to power, and had rendered them- selves formidable to the protector himself ; and for this in- convenience, though he had not foreseen it, he well knew before it was too late to provide a proper remedy. Clay- pole, his son-in-law, who possessed his confidence, aban- doned them to the pleasure of the House ; and though the name was still retained, it was agreed to abridge, or rather entirely annihilate, the power of the major-generals. At length a motion in form was made by Alderman / Pack, one of the city members, for investing the pro- tector with the dignity of king. This motion at first ex- cited great disordei-, and divided the whole House into parties. The chief opposition came from the usual ad- herents of the protector, the major-generals, and such of- ficers as depended on them. Lambert, a man of deep in- trigue, and of great interest in the array, had long enter- tained the ambition of succeeding Cromwell in the protec- torship ; and he foresaw that if the monarchy were restored, hereditary right would also be established, and the crown HISTOET OF ENGLAND. 583 transmitted to the posterity of the prince first elected. He pleaded therefore, conscience ; and rousing all those civil and religious jealousies against kingly government vrhich had been so industriously encoui-aged among the soldiers, and which served them as a pretence for so many violences, he raised a numerous, and still more formidable, party against the motion. On the other hand, the motion^ was supported by every one who was more particularly devoted to the protector, and who hoped by so acceptable a measure to pay court to the prevailing authority. Many persons, also attached to their country, despaired of ever being able to subvert the present illegal establishment ; and were desirous, by fixing it on ancient foundations, to induce the protector, from views of his own safety, to pay a regard to the ancient laws and lib- erties of the kingdom. Even the royalists imprudently joined in the measure, and hoped that, when the question regarded only persons, not forms of goverment, no one would any longer balance between the ancient royal family and an ignoble usurper, who, by blood, treason, and iierfidy, had made his way to the throne. [1657.] The bill was voted by a considerable majority; and a committee was appointed to reason with the protector, and to overcome those scruples which he pretended against accepting so lib- eral an offer. The conference lasted for several days. The committee urged that all the statutes and customs of England were founded on the supposition of regal authority, and could not without extreme violence be adjusted to any other form of government ; that a protector, except during the minority of a king, was a name utterly unknown to the laws, and no man was acquainted with the extent or limits of his author- ity ; that if it were attempted to define every part of his jurisdiction, many years, if not ages, would be required for the execution of so complicated a work ; if the whole power of the king were at once transferred to him, the question was plainly about a name, and the preference was indisput- ably due to the ancient title ; that the English constitution was more anxious concerning the form of government than concerning the birthright of the first magistrate, and had pro- vided, by an express law of Henry VH., for the security of those who act in defence of the king in being, by whatever means he might have acquired possession ; that it was ex- tremelv the interest of all his highness's friends to seek the 584 HISTORY OF ENGLAND. shelter of this statute, and even the people in general were desirous of such a settlement, and in all juries were with great difficulty induced to give their \erdict in favor of a protector ; that the great source of all the late commotions had been the jealousy of liberty ; and that a republic, to- gether with a protector, had been established, in order to provide further securities for the freedom of tlie consti- tution ; but that by experience the remedy had been found insufficient, even dangerous and pernicious, since every undeterminate power, such as that of a protector, must be arbitrary, and the more arbitrary as it was con- trary to the genius and inclination of the people. The difficulty consisted not in persuading Cromwell. He was sufficiently convinced of the solidity of these rea- sons ; and his inclination as well as judgment was entirely on the side of the committee. But how to bring over the ^soldiers to the same way of thinking was the question. Tlie office of king had been painted to them in such horrible colors that there were no hopes of reconciling them sud- denly to it, even though bestowed upon their general, to whom they were so much devoted. A contradiction, open and direct, to all past professions would make them pass, in the eyes of the nation, for the most shameless hypocrites, enlisted by no other than mercenary motives in the cause of the most perfidious traitor. Principles such as they were had been encouraged in them by every consideration, human and divine ; and though it was easy, where interest con- curred, to deceive them by the thinnest disguises, it mi the time of the king's trial, he had fallen on his knees be- fore his father, and had conjured him, by every tie of dutyj and humanity, to spare the life of that monarch. Crom^ 588 HISTORY OF ENGLAND. well had two daughters unmarried ; one of them he now gave in marriage to the grandson and heir of his great friend, the Earl of "Warwick, with whom he had, in every fortune, preserved an uninterrupted intimacy and good cor- respondence. The other he married to the Viscount Fau- conberg, of a family formerly devoted to the royal party. He was ambitious of forming connections with the nobility; and it was one chief motive for his desiring the title of king that he might replace everything in its natural order, and restore to the ancient families the trust and honor of which he now found himself obliged, for his own safety, to deprive them. [1658.] The Parliament was again assembled, consisting, as in the times of monarchy, of two Houses, the Commons and the other House. Cromwell, during the interval, had sent writs to his House of Peers, which consisted of sixty members. They were composed of five or six ancient peers, of several gentlemen of fortune and distinction, and of some officers who had risen from the meanest stations. None of the ancient peers, however, though summoned by writ, would deign to accept of a seat, which they must share with such companions as were assigned to them. The pro- tector endeavored, at first, to maintain the appearance of a legal magistrate. He placed no guard at the door of either House, but soon found how incompatible liberty is with military usurpations. By bringing so great a number of his friends and adherents into the other House, he had lost the majority among the national representatives. In conse- quence of a clause in the humble petition and advice, the Commons assumed a power of readmitting those members whom the council had formerly excluded. Sir Arthur Hazelrig and some others, whom Cromwell had created lords, rather chose to take their seats with the Commons. An incontestable majority now declared themselves against the protector ; and they refused to acknowledge the juris- diction of that other House which he had established. Even the validity of the humble petition and advice was questioned, as being voted by a Parliament which lay under force, and which was deprived, by military violence, of a considerable number of its members. The protector, dread- ing combinations between the Parliament and the malcon- tents in the army, resolved to allow no leisure for formino- any conspii-acy against him, and with expressions of great displeasure, he dissolved the Parliament. When urged by HISTORY OF ENGLAND. 589 Fleetwood and others of his friends not to precipitate him- self into this rash measure, he swore by the living God that they should not sit a moment longer. These distractions at home were not able to take off the protector's attention from foreign affairs, and in all his meas- ui-es he proceeded with the same vigor and enterprise as if secure of the duty and attachment of the three kingdoms. His alliance with Sweden he still supported, and he endeav- ored to assist that crown in its successful enterprises for reducing all its neighbors to subjection, and rendering itself absolute master of the Baltic. As soon as Spain declared war against him, he concluded a peace and an alliance with France, and united himself in all his counsels with that po- tent and ambitious kingdom. Spain, having long courted in vain the friendship of the successful usurper, was reduced at last to apply to the unfortunate prince. Charles formed a league with Philip, removed his small court to Bruges, in the Low Countries, and raised four regiments of his own subjects, whom he employed in the Spanish service. The Duke of York, who had, with applause, served some cam- paigns in the French army, and who had merited the par- ticular es'eem of Marshal Turenne, now joined his brotlier, and continued to seek military experience under Don John of Austria and the Prince of Conde. The scheme of foreign politics adopted by'the protector was highly imprudent, but was suitable to that magnanimity and enterprise with which he was so signally endowed. He was particularly desirous of conquest and dominion on the Continent ; *^ and he sent over into Flanders six thousand men under Reynolds, who joined the French army com- manded by Turenne. In the former campaign, Mardyke was taken, and put into the hands of the English. Early this campaign, siege was laid to Dunkii-k ; and when the Spanish army advanced to relieve it, the combined armies of France and England marched out of their trenches, and fought the battle of the Dunes, where the Spaniards were totally defeated.*^ The valor of tlie English was much re- ^K He aspired to get possession of Elsinore and the passage of the Sound. See World s Mistalce in Oliver Cromwell. He also endeavored Lo yet po.ibesslon of Bremen. Thurloe, vol. vi. p. 47y. ■lo It was remarked by the saints of that time that the battle w.-is fought on a day which was hdld fora fast iu Lo.idon, so that, a- Fleetwood said (Thurloe. vol. vii. p. 159), " Wliile we were praying they w^ire fighting, and Ihe Lo a hath t^iveii a signal answer. The Lord has not only owned ns in our work there, but in our waiting upon him in a way of prayer_, which is indeed our old, experienced, ap- proved way in all straits and difliculties." Cromwell's Letter to Blake and Mon- tague, Ms brave admirals, is remarkable for the same spirit. Thurloe, vol. iv. p. 590 HISTOET OF BNGLAND. marked on this occasion. Dunkirk, being soon after sur- rendered, was by agreement delivered to Cromwell. He committed the government of that important place to Lock- hart, a Scotchman of abilities, who had married his niece, and was his ambassador at the court of France. This acquisition was regarded by the protector as the means only of obtaining further advantages. He was re- solved to concert measures with the French court for the final conquest and partition of the Low Countries." Had he lived much longer, and maintained his authority in Eng- land, so chimerical, or rather so dangerous, a project would certainly have been carried into execution. And this first and principal step towards more extensive conquest, which France, during a whole century, has never yet been able, by an infinite expense of blood and treasure, fully to attain, had at once been accomplished by the enterprising though unskilful politics of Cromwell. During these transactions, great demonstrations of mu- tual friendship and regard jiassed between the French king and the protector. Lord Fauconberg, Cromwell's son-in- law, was despatched to Louis, then in the camp before Dun- kirk, and was received with the regard usually paid to foreign princes by the French court.^' Mazarine sent to London his nephew, Mancini, along with the Duke of Cre- qui ; and expressed his regret that his urgent affairs should deprive him of the honor, which he had long wished for, of paying, in person, his respects to the greatest man in the world.*' The protector reaped little satisfaction from the success of his arms abroad ; the situation in which he stood at home kept him in perpetual uneasiness and inquietude. His ad- ministration, so expensive both by military enterprises and secret intelligence, had exhausted his revenue and involved him in a considerable debt. The royalists, he heard, had 744. *' You have," says lie, " as I verily believe and am persuaded, a plentiful stock of prayers going'for you dailv, sent up by the soberest and most approved ministers and Christians in tliis nation, and, notwithstanding some discourage- ments, very much wrestlinu' of faith for you, Which are to us, and I trust will l3e to you, matter of great encouragement. But, notwithstanding all this, it will be good for you and us to deliver up ourselves and all our affairs to the disposition of our all-wise Father, who, not only out of prerogative, but because of liis good- ness, wisdom, and truth, ought to be resigned unto by his creaiures, especially those who are children of his begetting through the Spirit," etc. ^- Thurloe, vol. i. p. 762. « Thurloe, vol. vii. pp. 161, 153. " In reality the cardinal had not entertained so high an idea of Cromwell. He used to say that he was a fortunate madman. Vie de Cromwell par Kague- iiet. See also Carte's Collection, vol. ii. p. 81. Gumble's Lite of Monk, p. 93. World's Mistake in OUver Cromwell. HISTORY OF ENGLAND. 591 renewerl tlieir conspiracies for a general insurrection ; and Ormond was secretly come over with a view of concerting measures for the exec^ution of this project. Lord Fairfax, Sir William "Waller, and many heads of the Presbyterians had secretly entered into the engagement. Even the army was infected with the general spirit of discontent ; and some sudden and dangerous eruption was every moment to be dreaded from it. No hopes remained, after his 'violent bi-each with the last Parliament, that he should ever be able to establish, with general consent, a legal settlement, or tem- per the military with any mixture of civil authority. All his arts and policy were e.xhausted ; and having so often, by fraud and false pretences, deceived every party, and almost every individual, he could no longer hope, by repeating the same professions, to, meet with equal confidence and regard. However zealous the royalists, their conspiracy took not effect : Willis discovered the whole to the protector. Or- mond was obliged to fly, and he deemed himself fortunate to have escaped so vigilant an administration. Great num- bers were thrown into prison. A high court of justice was anew erected for the trial of those criminals whose guilt was most apparent. Notvvithstanding the recognition of his authorily by thei Inst Parliament, the protector could not as yet trust to an unbiassed jury. Sir Henry Slingsby and Dr. Huet were condemned and beheaded. Mordaunt, brother to the Earl of Peterborough, narrowly escaped. The numbers for his condemnation and his acquittal were equal ; and just as the sentence was pronounced in his favor, Colonel Pride, who was resolved to condemn him came, into court. Ashton, Storey, and Bestley were hanged in differ- ent streets of the city. The conspiracy of the Millenarians in the army struck Cromwell with still greater apprehensions. Harrison and the other discarded officers of that party could not remain at rest. Stimulated equally by revenge, by ambition, and by conscience, they still liarbored in their breast some des- perate project ; and there wanted not officers in the army who, from like motives, were disposed to second all their undertakings. The Levellers and agitators had been en- couraged by Cromwell to interpose with their advice in all political deliberations ; and he had even pretended to honor many of them with his intimate friendship, while lie con- ducted his daring enterprises against the king and tbe Par- liament. It was a usual practice with him, in order to 592 HISTORY OF ENGLAND. familiarize himself the more with the agitators, who were commonly corporals or sergeants, to take them to bed with him, and there, after praj'ers and exhortations, to discuss together their projects and principles, political as well as re- ligious. Having assumed the dignity of protector, he ex- cluded them from all his councils, and had neither leisure nor inclination to indulge them any further in their wonted familiarities. Among those who were enraged at this treat- ment was Sexby, an active agitator, who now employed ' against him all that restless industiy which had formerly been exerted in his favor. He even went so far as to enter into correspondence with Spain ; and Cromwell, who knew the distempers of the army, was justly afraid of some mu- tiny, to which a day, an hour, an instant, might provide leaders. Of assassination likewise he was apprehensive, from the zealous spirits wliich actuated the soldiers. Sindercome had undertaken to murder' him; and by the most unaccountable accidents, had often been prevented from executing his bloody purpose. His design was discovered ; but the pro- tector could never find the bottom of the enterprise, nor de- tect any of his accomplices. He was tried by a jury ; and, notwithstanding the general odium attending that crime, notwithstanding the clear and full proof of his guilt, so little conviction prevailed of the protector^s right to the supreme government, it was with the utmost difficulty™ that this cons|)irator was condemned. When everything was pre- pared for his execution, he was found dead, from poison, as is supposed, which he had voluntarily taken. The protector might better have supported those fears and apprehensions which the public distempers occasioned, had he enjoyed any domestic satisfaction, or possessed any cordial friend of his own family in whose bosom he coidd safely have unloaded his anxious and corroding cares. But Fleetwood, his son-in-law, actuated by the wildest zeal, began , to estrange himself from him ; and was enraged to discover that Cromwell, in all his enterprises, had entertained views of promoting his own grandeur more than of encouraging 1 piety and religion, of which he made such fervent profes- Isions. His eldest daughter, married to Fleetwood, had ado])ted republican principles so vehement that she could not with patience behold power lodged in a single person, even in her indulgent father. His other daughters were no to Thurloe, vol. vi. p. 63. HISTOEY OF ENGLAND. 593 less prejudiced in favor of the royal cause, and regretted the violences and iniquities into which they thought their family had so unhapi?ily been transported. Above all, the sickness of Mrs. Claypole, his peculiar favorite, a lady endued with many humane virtues and amiable accomplishments, depress- ed his anxious mind and poisoned all his enjoyments. She had entertained a high regard for Dr. Huet, lately executed ; and being refused his pardon, the melancholy of her temper, increased by her distempered body, had prompted her to lament to her father all his sanguinary measures, and urge him to compunction for those heinous crimes into which his fatal ambition had betrayed him. Her death, which followed soon after, .gave new edge to every word which she had uttered. All composure of mind was now forever fled from the protector. He felt that the grandeur which he had attained with so much guilt and courage could not insure him that tranquillity which it belongs to virtue alone, and moderation, fully to ascertain. Overwhelnled with the load of public affairs, dreading perpetually some fatal accident in his dis- tempered government, seeing nothing around hira but treacherous friends or enraged enemies, possessing the con- fidence of no party, resting his title on no principle, civil or religious, he found his power to depend on so delicate a poise of factions and interests as the smallest event was able, without any preparation, in a moment to overturn. Death too, which with such signal intrepidity he had braved in the field, being incessantly threatened by the poniards of fanati- cal or interested assassins, was ever present to his terrified apprehension, and haunted him in every scene of business or repose. Each action of his life betrayed the terrors under which he labored. The aspect of strangers was uneasy to him ; with a piercing and anxious eye he surveyed every face to which he was not daily accustomed. He never moved a step without strong guards attending him ; he wore armor under his clothes, and further secured himself by offensive weapons — a sword, falchion, and pistols, which he- always carried about him. He returned from no place by the direct road, or by the same way which he went. Every journey he performed with hurry and precipitation. Seldom he slept above three nights together in the same chamber, and he never let it be known beforehand what chamber he in- tended to choose, nor intrusted himself in any which was not provided with back doors, at which sentinels were cai-e- VoL. IV^.— 88 594 HISTORY OP ENGLAND. fully placed. Society teVrified him, while he reflected on his numerous, unknown, and implacable enemies; solitude astonished him by withdrawing that protection which he found so necessary for his security. His body also, from the contagion of his anxious mind, began to be affected ; and his health seemed sensibly to decline. He was seized with a slow fever, which changed into a tertian ague. For the space of a week no dangerous- symptoms appeared ; and in the intervals of the fits he was able to walk abroad. At length the fever increased, and he himself began to entertain some thoughts of death, and to cast his eye towards that future existence whose idea had once been intimately present to him ; though since, in the hurry of affairs, and in the shock of wars and factions, it had no doubt been considerably obliterated. He asked Goodwin, one of his preachers, if the doctrine were true that the elect could never fall or suffer a final reprobation. " Nothing more certain," replied the preacher. "Then I am safe," said the protector, " for I am sure that once I was in a state of grace." His physicians were sensible of the perilous condition to ■which his distemper had reduced him ; but his chaplains, by their prayers, visions, and revelations, so buoyed up his hopes that he began to believe his life out of all danger. A favorable answer, it was pretended, had been returned by Heaven to the petitions of all the godly, and he relied on their asseverations much more than on the opinion of the most experienced physicians. "I tell you," he cried, with confidence, to the latter — " I tell you, I shall not die of this distemper; I am well assured of my recovery. It is prom- ised by the Lord, not only to my supplications, but to those of men who hold a stricter commerce and more intimate correspondence with him. Ye may have skill in your pro- fession ; but nature can do more than all the physicians in the world, and God is far above nature." ^^ Nay, to such a degree of madness did their enthusiastic assurances amount that upon a fast-day, which was observed on his account both at Hampton Court and at Whitehall, they did not so much pray for his health as give thanks for the undoubted pledges which they had received of his recovery. He him- self was overheard offering up his addresses to Heaven ; and so far had the illusions of fanaticism prevailed over the plainest dictates of natural morality that he assumed more "' Bates ; see also Thui-loe, vol. vii. pp. 355, 416. HISTOEY OF ENGLAND. 595 the character of a mediator interceding for his people than that of a criminal, whose atrocious violation of social duty had from every tribunal, human and divine, merited the severest vengeance. Meanwhile all the symptoms began to wear a more fatal aspect, and the physicians were obhged to break silence, and to declare that the protector could not survive the next fit with which he was threatened. The council was alarmed. A deputation was sent to know his will with regard to his successor. His senses were gone, and he could not now express his intentions. They asked him whether he did not mean that his eldest son, Richard, should succeed him in the protectorship. A simple affirmative was, or seemed to be, extorted from him. Soon after, on the 3d of September, / that very day which he had always considered as the most fortunate for him, he expired. A violent tempest, which immediately succeeded his death, served as a subject of discourse to the vulgar. His partisans as well as his enemies were fond of remarking this event, and each of them en- deavored, by forced references, to mterpret it as a confirma- tion of their pai'ticular pi-ejudices. The writers attached to the memory of this wonderful person make his character, with regard to abilities, bear the air of the most extravagant panegyric ; his enemies form Such a representation of his moral qualities as resembles the most virulent inveclive. Both of them, it must be confessed, are supported by such striking circumstances in his conduct and fortune as bestow on their representation a great air of probability. " What can be more extraordinary," it is said,'^ "than that a person of private birth and education, no for- tune, no eminent qualities of body, which have sometimes, nor shining talents of mind, which have often, raised men to the highest dignities, should have the courage to attempt, and the abilities to execute, so great a design as the subverting one of the most ancient and best-established monarchies in the world ? That he should have the power and boldness to put his prince and master to an open and infamous death? Should banish that numerous and strongly allied family? Cover all these temerities under a seeming obedience to a Parliament in whose service he pretended to be retained ? Trample, too, upon that Parliament in their turn, and scornfully expel them as soon as they gave him ground of dissatisfaction ? Erect in their place the dominion of the saints, and give 62 Cowley's Discourses : this passage is altered in some particulars from tlie Grigliial. 595 HISTORY OF ENGLAND. reality to the most visionary idea which the heated imagi- nation of any fanatic was ever able to entertain ? Suppress again that monster in its infancj^, and openly set up himself above all things that ever were called sovereign in England? Overcome first all his enemies by arms, and all his friends afterwards by artifice? Ser.ve all parties patiently for a while, and command them victoriously at last? Overrun each corner of the three nations, and subdue, with equal facility, both the riches of the south and the poverty of the north ? Be feared and courted by all foreign ))rinces, and be adopted a brother to the gods of the earth ? Call together parliaments with a word of his pen, and scatter them again with the breath of his mouth ? Reduce to subjection a war- like and discontented nation by means of a mutinous army ? Command a mutinous army by means of seditious and factious officers? Be humbly and daily petitioned that he would be pleased, at the rate of millions a year, to be hired as mas- ter of those who had hired him before to be their servant ? Have the estates and lives of three nations as much at his disposal as was once the little inheritance of hia father, and be as noble and liberal in the spending of them ? And, lastly (for there is no end of enumerating every particular of his glory), with one word bequeath all his power and splendor to his posterity ? Die possessed of peace at home and triun\ph abroad ? Be buried among kings, and with more than regal solemnity ; and leave a name behind him not to be extinguished but with the whole world, which, as it was too little for his praise, so might it have been for his conquests, if the short line of his mortal life could have stretched out to the extent of his immortal designs?" My intention is not to disfigure this picture drawn by so masterly a hand ; I shall only endeavor to remove from it somewhat of the marvellous — a circumstance which on all occasions gives much ground for doubt and suspicion. It seems to me that the circumstance of Cromwell's life in which his abilities are principally discovered is his rising from a private station, in opposition to so many rivals, so much advanced before him, to a high command and author- ity in the army. His great courage, his signal military talents, his eminent dexterity and address, were all requisite for this important acquisition. Yet will not this promotion appear the effect of supernatural abilities, when we consider that Fairfax himself, a private gentleman, who had not the ad\-antage of a seat in Parliament, had, through the same steps, attained even a superior rank, and, if endued with HISTORY OP ENGLAND. 597 common capacity and penetration, had been able to retain it. To incite such an army to rebellion against the Piirlia- ment required no uncommon art or industry ; to have kept them in obedience had been the more difficult enterprise. When the breach was once formed between the military a.id civil pov>rers, a supreme and absolute authority, from that' moment, is devolved on the general ; and if he be after- wards pleased to employ artifice or policy, it may be re- garded on most occasions as great condescension, if not as supertiuous caution. That Cromwell was ever able really to blind or overreach either the king or the republicans does not appear. As they possessed no means of resisting the force under his command, they were glad to temporize with him, and, by seeming to be deceived, wait for oppor- tunities of freeing themselves from his dominion. If he seduced the military fanatics, it is to be considered that their interests and his evidently concurred, that their ig- norance and low education exposed them to the grossest imposition, and that he himself was at bottom as frantic an enthusiast as the worst of them ; and, in order to obtain their confidence, needed but to display those vulgar and ridiculous habits which he had early acquired, and on which he set so high a value. An army is so forcible and at the same time so coarse a weapon that any hand which wields it may, without much dexterity, perform any operation, and attain any ascendant in human society. The domestic administration of Cromwell, though it dis- | covers great abilities, was conducted without any plan either j of liberty or arbitrary power ; perhaps his difficult situation admitted of neither. His foreign enterprises, though full of intrepidity, wei-e pernicious to national interest, and seem more the result of impetuous fury or narrow prejudices than of cool foresight and deliberation. An eminent personage, however, he was in many respects, and even a superior genius, but unequal and irregular in his operations. And though not defective in any talent, except that of elocution, the abilities which in him were most admirable, and which most contributed to his marvellous success, were the mag- nanimous resolution of his enterprises, and his peculiar dex- terity in discovering the characters and practising on the weakness of mankind. If we survey the moral character of Cromwell with that indulgence which is due to the blindness and infirmities of the human species, we shall not be inclined to load his mem- ory with such violent reproaches as those which his enemies 598 HISTORY OF ENGLAND. usually throw upon it. Amid the passions and prejudices of that pei-iod, that he should prefer tlie parliamentary to the royal cause will not appear extraordinary, since even at present some men of sense and knowledge are disposed to think that the question with regard to the justice of the quarrel may be regarded as doubtful and vmcertain. The murder of the king, the most atrocious of all his actions, was to him covered under a mighty cloud of republican and fa- natical illusions ; and it is not impossible but he might be- lieve it, as many others did, the most meritorious action that he could perform. His subsequent usurpation was the effect of necessity as well as of ambition, nor is it easy to see how the various factions could at that time have been restrained without a mixture of military and arbitrary authority. The /private deportment of Cromwell as a son, a husband, a ( father, a friend, is exposed to no considerable censure, if it Vdoes not rather merit praise. And, upon the whole, his character does not appear more extraordinary and unusual by the mixture of so much absurdity with so much penetra- tion than by his tempering such violent ambition and such enraged fanaticism with so much regard to justice and humanity. Cromwell was in the fifty-ninth year of his age when he died. He was of a robust frame of body, and of a manly, though not of an agreeable aspect. He left only two sons (Richard and Henry) and three daughters (one married to General Fleetwood, another to Lord Fauconberg, a third to Lord Rich). His father died when he was very young. His mother lived till after he was protector, and, contrary to her orders, he buried her with great pomp in Westminster Ab- "bey. She could not be persuaded tliat his power or person was ever in safety. At every noise which she heard, she exclaimed that her son was murdered, and was never satis- fied that he was alive if she did not receive frequent visits from him. She was a decent woman, and by her frugality and industry had raised and educated a numerous family upon a small fortune. She even had been obliged to set up a brewery at Huntingdon, which she managed to good ad- vantage. Hence Cromwell, in the invectives of that age, is often stigmatized with the name of the brewer. Ludlow, by way of insult, mentions the great accession which he would receive to his royal revenues upon his mother's death, who possessed a jointure of sixty pounds a year upon his estate. She was of a good family, of the name of Stuart, remotely allied, as is by some supposed, to the royal family. NOTES. NOTE [A], p. 24. Parliamentary History, vol. v. p. 290. So little fixed at this time were the rules of Parliament that the Commons complained to the Peers of a speech made in the upper House by the Bishop of Lincoln, which it belonged only to that House to censure, and which the other could not regularly be supposed to be ac- quainted with. These, at least, are the rules established since the Parliament became a real seat of power and scene of business. Neither the king must take notice of what passes in either House, nor either Plouse of what passes in the other, till regularly informed of il. The Commons, in their famous protestation. 1621, tixed this rule with regard to the king, though at present they would not bind themselves by it. But as liberty was yet new those maxims which guard and regulate it were unknown and unpractised. NOTE [B], p. 42. Some of the facts in this narrative, which seem to condemn Raleigh, are taken from the king's Declaration, which, bein§; published by authority, when the facts were recent, being extracted from examinations before the privy council, and subscribed by six privy-councillors, among whom was Abbot, Archbishop of Canterbury, a prelate nowise complaisant to the court, must be allowed to have great weigh,t, or rather to be of undoubted credit. Yet the most material facts are confirmed either by the nnture .ind reason of the thing, or by Sir Walter's own apology and his leLtere, The king's Declaration is in the Harleian Miscellany, vol. iii. No. 2. 1. There seems to be an improbability that the Spaniards, who knew nothing of Kaleigh's pretended mine, should have built a town, in so wide a coast, within three miles of it. The chances are extremely against such a supposition ; and it is more natural to think that the view of plundering the town led him thither than that of working a mine. 2. No such mine is there found to this day. 3. B^leigh, in fact, found no mine ; and, in fact, he plundered and burned aSpanish town. Is it not more probable, therefore, that the latter was his intention ? How can the secrets of his breast be rendered so visible as to counterpoise certain facts ? 4. He confesses, in a letter to Lord Care w, that though he knew it, yet he concealed from the king the settlement of the Spaniards on that coast. Does not this fact alone render him sutficiently criminal? 5. His commission em- powt^rs him only to settle on a coast possessed by savage and barbarous inhabi- tants. Was it not the most evident breach of orders to disembark on a coast pos- sessed by Spaniards ? 6- His orders to Keymis, when he sent him up the river, are contained in his own apology, and from them it appears that he knew (what was unavoidable) that the Spaniards would resist, and Would oppose the English landing and taking possession of the country. His intentions, therefore, were hostile from the begiimihg. 7. Without provocation, and even when at adistance, he gave Keymis orders to dislodge the Spaniards from their own town. Could any enterprise be more hostile ? And, considering the Spaniards as allies to the nation, could any enterprise be more criminal ? Was he not the aggressor, even though it should be true that the Spaniards fired upon his men at landing ? It ia said he killed three or four hundred of them. Is that so light a matter? 8. In his hotter to the king, and in liis apology, he grounds his defence on former hos- tilities exercised by the Spaniards against other companies of Englishmen. These 599 600 HISTORY OF ENGLAND. ar6 accounted for by the ambiguity of the treaty between the nations And it is Sain that though these might possibly he reasons for the kings declaring war Sist that nation, they c5uld never entitle Kaleigh to declare war and withoiifi tny cominlssion, or'contrary to his coniini sion to invade theSpanish Bettlem^.ts. He pretends, indeed, that peace was never made with Spam in the iiidies , a most absurd notion ! The chief hurt which the Spaniards could receive tioni England ■was in the Indies ; and they never would have made peace at aliif hostilities had been sLill to be continued on these settlements. By secret agreement, the Ji,ng- lish were still allowed to support the Dutch, even after the treaty of peace If thev had also been allowed to invade the Spaidsh settlements, tne treaty had been a full peace to England, while the Spaniards were still exposed to thetulieltects of wai- 9. If the claim to the property of that counLry, as tirst discoverers, was eood, in opposition to prevent settlement, as Kaleigh pretend?, why was it »ot la-id before the king, with all its circumstances, and submitted lo his judgment C 10. Kalei'di's force is acknowledged by himself to have been insufficient to sujiport him in the possession of St. Thomas against the power of which Spam was mas- ter on that coast ; yet it was suflicienL, as he owns, to take by surprise and plun- der twenty towns. It was not, therefore, his design to settle, but to plunder. By these confessions, which I have here brought together, he plainly betiays him- self. 11. Why did he not stay and work his mine, as at tirst he projected ? He apprehended that the Spaniards would be upon him with a greater foice. But before he left England, he laiew that this must be the case if he invaded any part of the Spanish colonies. His intention, therefore, never was to settle, but only to plunder. 12. He acknowledges that he knew neither the depth nor riehes of the mine, but only that there was some ore there. Would he have ventured aH his fortune and credit on so precarious a foundation ? 13. Would the other ad- venturers, if made acquainted with this, have risked everything to attend him ? Ought a fleet to have been equipped for an experiment ? Was tliLTe not plainly an imposture in the management of this affair? 14. He says to Keymis, in his orders, " Bring but a basketful of ore, aiid it will satisfy the king that my project was notimagiuarj'." This was easily done f:om the Spanish mines; and he seems to have been chiefly displeased at Keymis for not attempting it. Such a view was a premeditated apology to cover his cheat. 15. The king, in his Declaration, imputes it to Kaleigh that as soon as he was at sea he immediately fell into sut:h uncertain and doubtful talk of his mine, and said that it wouldbesutlicientif he brought home a basketful of ore. From the circumstance last mentioned, it ap- pears that this imputation was not without reason. 16. There are many otmC circumstances of great weigiit in the king's Declaration : that Raleigh, when h! fell down to Plymouth, took no pioneers with him, which he always declared to be his intention ; that he was nowise provided with instruments for working a jnine, but had a suflicient stock of warlike stores ; that young Kaleigh, in at- tacking the Spaniards, employed the words which, in the narration, 1 have put inhiamoutli; that the mine was movable, and shifted as he saw convenient; not to mention many other public facts, which prove him to have been highly criminal against his companions as well as his country. Howel, in his Letters, says that there lived in London, in 1645, an oihcer, a man of honor, who asserted that he heard young Raleigh speak these words (vol. ii. letter 63). That was a time when there was no interest in maintaining such a fact. 17. Ralei^i's ac- count of his tirst voyage to Guiana proves him to have been a man capable of tlie most extravagant credulity or most impudent imposture; so ridiculous are the stories which he tells of the inca's chimerical empire in the midst of Guiftna ; the rich city of El Dorado, or Manao, two days* journey in length, and shining with gold and silver ; the old Peruvian prophecies in favor of "the English, who, he flays, were expressly named as the deliverers of that country iong before any European had evertnuched there ; the Amazons, or republic of women ; and, in general, the vast and incredible riches which he saw on that continent, where nobody has yet found any treasures ! This whole narrative is a proof that he was extremely defective either in solid understanding or morals, or both. No man's character, indeed, seems ever to have been carried to such extremes as Raleiali's by the opposite passions of envy and pity. In the former part of his life, when he was active and lived in the world, and was probably best known, he was the object of universal hatred and detestation throughout England ; in the latter part, when shut up in prison, he became, much more unreasonably, the object of great love and admiration. As to the circumstances of the narrative, that Raleigh's pardon was refused Lira, that his former sentence was purposely kept in force against him, and that he went out under these express conditions, they may be supported by the fol- lowing authoraties ; 1. The king's word and that of six pnvy-counciUors, who af- firm itforfact. 2. The nature of the thing. If no suspicion had been entertained of his intentions, a pardon would never have been refused to a man to wnoia KOTES, 601 authority was intrusted. 3. The words of the commission itself, where he is simply styled Sir W alter Raleigh, and i\ot fait h/iU and wcU-beloved, accoi ding to uie usual and never-failing style on suuh uccasious. 4. In all the leiLers wlach he wrote home to Sir italpli Win wood, and to iiis own wife, he always considers himself as a person unpardoned and liable to the law. He seems, indeed, imme- diately upon the failure of his enterprise, to have become desperate, and to have expected the fate wliich he met with. It is pretended that the king gave intelligence to the Spaniards of Raleigh's Sroject, as if he had needed to lay a plot for destroying a man whose life had _ een fourteen years, and still was, in bis power. The Spaniards wanted no other intelligence to be on their guard than the known and public fact of lialeigli's ar- mament; and there was no reason wliy the king should conceal from thum tlie project of a settlement which Kaleigh pretended, and the king believed, to be un- tireiy innocent. The king s chief blame seems to have lain in bis negligence in allowing Ka- leigh to depart without a more exact scrutiny ; but for this he apologizes by say- ing that sureties were required for the good behavior of Raleigh and all iiis as- sociates in the enterpnse, but that they ga\e in bonds for each other— a cheat which was not perceived till they had sailed, and which increased the suspicion of bad intentions. Perhaps the king ought also to have granted Raleigh a pardon for his old trefUion, and to have tried him anew for his new otfences. His punishment in that case would not only have been just, but conducted in a just and unexcep- .tionable manner. But we are told that a ridiculous opinion at that time prevailed iE the nation (and it is plainly supposed by Sir Walter in his apology) that, by treaty, war was allowed with the Spaniards in the Indies, thuugh peace was made in Europe ; and, while that notion took place, no jury would have found Ealeigh guilty. So that had not the king punished him upon the- Old sentence, the Spaniards would have had a just cause of complaint against the king, sufli- cient to have produced a war, at least to have destioyed all cordiality between the nations. This explication I thought necessary, in order to clear up the story of Raleigh, which, though very obvious, is generally mistaken in so gross a manner that I scarcely know its parallel in the English history. NOTE [C], p. 48. This Parliament is remarkable for being the epoch in which were first regu- larly formed, though without acquiring these denominations, the parties of court and country— parties which have ever since continued, and which, while they oft threaten the lotal dissolution of the government, are the real tause of its per- manent life and vigor. In the ancient feudal constitution, of which the English partook with other European nations, there was a mixture not of authority and liberty, which we have since enjoyed in this island, and which now subsist U)ii- formly together, hut of authority and anarchy, which perpetually shocked with each other, and which took place alternately, according as circumstances were more or less favorable to either of them. A Parliament composed of bai barians, summoned from their fields and forests, uninstructed by study, conversation, or travel ; ignorant of their own laws and history, and unacquainted with the situa- tion of all foreign nations ; a Parliament caJled precariously by the king, and dissolved at hih pleasure ; sittuig a few days, debating a few points prepaied for them, and whose members were impatient to return to their own castles, where alone they were great, and to the chase, which was their favorite amusement — such a Parliament was very little fitted to enter into a discussion of all the ques- tions of government, and to share, in a regular manner, the legal administration. The name, tlie authority of the king alone appeared in the common course of government ; in extraordinary emergencies he assumed, with still better reason, the sole direction. Tlie imperfect and unformed laws left, in everything, a lati* tude of interpretation ; and when the ends pursued by the monarch were, in gen- eral, agreeable to his subjects, little scruple or jealousy was entertained with re- gard to the regularity of the means. During the reign of an able, fortunate, or popular prince, no member of either House, much less of the Lower, durst think of entering into a formed party in opposition to the court ; sinc6 the disbolution of the Parliament must, in a few days, leave him unprotected to the vengeance of his sovereign, and to those stretches of prerogative which were then so easily made in order to punish an obnoxious subject. l)urhig an unpopular and weak reign, the current commonly ran so strong against the monarch that none durst enlist themselves in the court party; or, if the prince was able to engage any considerable barons on his side, tlie question was decided with arms in thu fielcl, not by debates or arguments in a senate or assembly. And, upon the whole, the 602 HISTORY OF ENGLAND. chief circumstance which, during ancient times, retained the prince in any legal form of administration, was that the sword, by the nature of the feudal tenures, remained still in the hands of his subjects ; and this irregular and dangerous check had much more influence than the regular and methodical limits of the laws and constitution. As the nation could not be compelled, it was necessary that every public measure of consequence, particularly thatot levying new taxes, should seem to be adopted by common consent and approbation. The princes of the house of Tudor, partly by the vigor of their administration, partly by the concurrence of favorable circumstances, had been able to establish a more regular system of government ; but they drew the constitution so near to despotism as diminished extremely the authority of the Parliament. The senate became, in a great degree, the organ of royal will and pleasure ; opposition would have been regarded as a species of rebellion ; and even religion, the most dau- geroiis article in wliich innovations could be introduced, had admitted, in the course of a few years, four several alterations, from the authority alone of the sovereign. The Parliament was not then the road to honor and preferment; the talents of popular intrigue and eloquence were uncultivated and unknown ; and though that assembly still preserved authority, and retained the pri\ilegeof malting laws and bestowing public money, the members acquired uot, upon that account, either with prince or people, much more weight and consideration. What powers were necessary for conducting the machine of government, the king was accustomed, of himself, to assume. His own revenues supplied him with money sufficient for his onlinary expenses; and when extraordinary emer- gencies occurred, che prince needed not to solicit votes in Parliament, either for making laws or imposing taxes, both of which were now become requisite for public interest and preservation. The security of individuals, so necessary to the liberty of popular councils, was totally unknown in that age. And as no despotic princes, scarcely even the East- ern tyrants, rule entirely without t)ie concurrence of some assemblies, which supply both advice and authority, little but amercenary force seems then to have been wanting towards the establisLment of a simple monarchy in England. The militia, though more favorable to regal authority than the feudal institutions, wa^ much inferior, in this respect, to disciplined armies ; and if it did not pre- serve 1) berty to the people, it preserved at least the power, if ever the inclination should aiise, of recovering it. But 60 low, at that time, ran the inclination towards liberty that Elizabeth, the last of that arbitrary line, herself no less arbitrary, was yet the most re- nowned and most popular of all the sovereigjis that had tilled the throne of Eng- land, it was natural for James to take the government as he found it, and to pursue her measures, which he heard so much applauded ; nor did his penetra- tion extend so far ca to discover tliat neither his circumstances nor his character could support so extensive an authority. His narrow revenues and little frugality began now to render him dependent on his people, even in the ordinary course of administration; their increasing knowledge discovered to them that adva^itage which they had obtained, and made them sensible of the inestimable value of civil liberty; and as he possessed too little di§;nity to command respect, and too much good nature to impress fear, a new spirit discovered itself every day in the Parliament ; and a party, watchful of a free constitution, was regularly formed in the House of Commons. But, notwithstanding these advantages acquired to liberty, so extensive was royal authority, and so firmly established in all iLs parts, that it is probable the patriots of that age would have despaired of ever resisting it had tliey not been stimulated by religious motives, which inspire a courage unsurmountable by any human obstacle. The same alliance which has ever prevailed between kingly powerand eccle- siastical authority was now fully established in England; and while the prince assisted the clergy in suppressing schismatics and innovators, the clergy, in re- turn, inculcated the doctrine of an unreserved submission and obedience to the civil magistrate. The genius of the Church of Englandj so kindly to monarchy, forwarded the confederacy ; its submission to episcopal jurisdiction ; its attach- ment to ceremonies, to order, and to a decent pomp and splendor of worship ; and in a word, its alHiiitv to the tame superstition of the Catholics rather than to the wild fanaticism of the Puritans. On the other hand, opposition to the Church, and the persecutions under which they labored, were sufficient to throw the Puritans into the country party, and to beget political principles little favorable to the high pretensions of the sovereign. The spirit, too, of enthusiasm, bold, daring, and uncontrolled, strongly disposed their minds to adopt republic an tenets, and inclined tliem to arrogate, in their actions and conduct, the same liberty, wliich they assumed in their rap- turous flights and ecstasies. Ever since the first origin of that sect, through the NOTES. 603 whole reign of Elizabeth as well as of James, puritanical principles had been understoua in a double sense, and expressed the opinions fa\'orable both lo polit- ical and to ecclesiastical liberty ; and hs the court, in order to discredit all par- liamentary opposition, affixed the denomination of Puritans to its antagonists, the religious Puritans willingly adopted this idea, which was so advantageous to them, and which confounded tlieir cause with that of the patriots, or coimtiy Earty. Thus were the civil and ecclesiastical factions regularly formed ; and the umor of the nation during that age running strongly towards fanalical extrava- gances, the spirit of civil liberty gradually revived from its lethargy, and by means of its religious associate, from which it reaped more advantage than honor, it secretly enlarged its dominion over the greater part of the kingdom. '" [This note was in the tirst editions a part of the text ; but the author omitted it, in order to avoid, as much as possible, the style of dissertation in the body of his History. The passage, however, contains views so important that he thought it might be admitted as a note.] NOTE [D], p. 55. This protestation is so remarkable that it may not be improper to give it in its own words :*'The Common:? now assembled in Parliament, being justly occasion- ed thereunto, concerning sundry liberties, franchises, and privileges of Parlia- mentj among others here mentioned, domake this protestation following : That the liberties, francliises. and jurisdictions of Parliament ai-e the ancient and un- doubted birthright and inheritance of the subjeC'S of England ; and that the ur- gent aiid arduous aftaiis concerning the king, state, and defence of the realm, and of the Church of h-nyland, and the maintenance and making of laws, and rediess of mischiefs and grievances which daily happen within this realm, are proper subjects and matter of council and debate in Parliament ; and that in the handling and pvoceecling of those businesses, every member of the House of Par- liament nath, and of ri^it ought to have, freedom of speech to propound, treat, reason, and bring to conclusion the same ; and that the Commons in Parliament have like liberty and freedom to treat of these matters, in such order as in their judgment shall seem fittest ; and that every member of the said House hath like freedom from all impeachment, imprisonment, and molestation (other than by censure of the House itself), for or concerning any speaking, reasoning, or de- claring of any matter or matters touching the Parliament or Parliament business; and that if any of tlie said members be complained of, or questioned for anything done or said in Parliament, the same is to be shown to the king by the advice and assent of all the Commons assembled in Parliament, before the king gave cre- dence to any private information."— Franklyn, p. 65. Eushworth, vol. i. p. 53. Kennet, p. 747. Coke, p. 77. NOTE [E],p. 74. The moment the prince embarked at St. Andero's, he said to those about him that it was folly in the Spaniards to use him so ill and allow him to depart— a proof ihat the duke bad made him believe they were insincere in the affair of the marriage and the Palatinate . for as to his reception in other respects, it had been altogether unexceptionable. Besides, had not the prince believed the Spaniards to be insincere, he had ]io reason to quarrel with them, though Buck- ingham had. It appears, therefore, that Charles himself must have been de- ceived. The multiplied delays of the dispensation, though they rose from acci- dent, afforded Buckingham a plausible pretext for charging the Spaniards with insincerity. NOTE [F], p. 76. Among other particulars, he mentions a sum of eighty thousand pounds bor- rowed from the King of Denmark. In a former speech to the Parliament, he told them that he had expended five hundred thousand pounds in the cause of the Palatine, besides the voluntary contribution given him by the people. Se^ Frank- lyn, p. 50. But, what is more extraordinary, tlie treasurer, in order to show his own good services, boasts to the Parliament that, by his contrivance^ sixty thousand pounds bail been sa\ ed in the article of exchange in the sums remitted to the Pala- tine. This seems a great sum, nor is it fasy to conceive whence the king could procure such va-^t sums as would require a sum so considerable to be paid in ex- change. From the whole, however, it appears that the king had been far from neglecting thp, interests of his daugliter and son-in-law, and had even gone far beyond what his narrow revenue could afford. 604 HISTORY OF ENGLAND. NOTE [G], p.76- How little this principle had prevailed during any former period of the Eng- lish government, particularly during the last reign, which was certainly not so perfect a model of liberty as most writers would represent it, will easily appear from many passages in the history of that reign. But the ideas of men were much changed during about twenty years of a gi-ntle and peafteful administration. The Commons, though James, of himself, had recalled all patents of monopolies, frere not contented without a law against them, and a declaratory law too— which was gaining a great point, and establishing principles very favorable to liberty — but tney were extremely grateful when Elizabeth, upon petition (after having once refused their requests), recalled a few of the most oppressive patents, and employed some soothing expressions towards them. The Parliament had surely reason, when they confessed, in the seventh of James, that he allowed them more freedom of debate than "even was indulged by any of his predecessors. His indulgence in this particular, joined to his easy temper, was probably one cause of the great power assumed by the Comraont*. Monsieur de la Boderie, in his Despatches, vol. i. p. 449, mentions the liberty of speech in the House of Commons as a new practice- NOTE [H], p. 81. Kymer, vol. xviii. p. 224. It is certain that the young Prince of "Wa''es. after- wards Charles II., had Protestant governors from his early infancy ; lirst the Earl of Newcastle, then the Marquis of Heriford. The king, in his memorial to foreign churches, after the commencement or the civil wars, insists on his care in educating his children in the Protestant religion, as a proof Uiat he was no- wise inclined to the Catholic— Rush worth, vol. v. p. 7.32. It can scarcely, there- fore, be questioned but this article, which had so odd an appearance, was in- serted only to amuse the pope, and was never intended by either party to be executed. NOTE [I], p. 89. " Monarchies," according to Sir Walter Raleigh, " are of two sorts, touching their power or authority : viz., 1. Entire, where the whole power of ordering all state matters, both in peace and war, doth by law and custom appertain to the prince, as in the English kingdom ; where the prince hath the power to make laws, league, and war ; to create magistrates ; to pardon life ; of appeal, etc. Though, to give a contentment to the other degrees, ihey have a suffrage in mnking laws, yet ever subject to the prince's pleasure and negative will. 2. Limited or re- strained, that hath no full power in all the points and matters of state, as the military king, that hath not the sovereignty in time of peace, as the making of laws, etc., but in war only, as the Polonian king."— Maxims of State. And a little after : " In every just state, some part of the government is, or ought to be, imparted to the people ; as, in a kingdom, a voice and suffrage in making laws ; and sometimes also of levying of arms (if the charge be great, and the prince forced to borrow help of his subjects), the matter rightly may be pro- pounded to a Parliament, that the tax may seem to have proceeded from them- selves. So consultations and some proceedings in judicial matters may, in part, be referred to them. The reason, lest, seeing themselves to be in no immber, nor of reckoning, they mislike the state or government." This way of reasoning dif- fers little from that of King James, who considered the privileges of the Parlia^ ment as matters of grace and indulgence more than of inheritance. It is remark- able that Raleigh was thought to lean towards the puritanical party notwithstand- ing these pcjsitions. But ideas of government change much in different times. Raleigh's sentiments on this head are still more openly expressed in his Pre- rogatives of Parliaments, a work not published till after his death. It is a dia- logue between a courtier or councillor and a country justice of peace, who repre- sents the party, and defends the highest notions of liberty which the principles of that age would bear. Here is a passage of it : •' Councillor. That which is done by the king with the advice of his private or privy council is done by the king's absolute power. Justice. And by whose power is it done in Parliament but hy the king's absolute power? Mistake it not, my lord: the three estates do but ad- vise, as the privy council doth ; which advice, if the king embrace, it becomes the king's own act in the one, and the king's law in the other," etc. The Earl of Clare, in a private letter to his son-in-law, Sir Thomas Wentworth, afterwards Earl of Strafford, thus expresses himself : *' "We li\e under a preroga- tive government, where book law submits to lex loQitevs." He spoke from nis ovni and all his ancestors* experience. There was no single instance of power which a King of England might not, at that time, exert on pretence of necessity NOTES. 605 or expediency ; the continuance alone or frequent repetition of arbitrary admin- istration might prove dangerous for want of force lo support it. It is remarkuble that this letter of the Earlof Clare was written in the tirst year of Charles's reign, and consequently must be meant of the general genius of the government, not the sipirit or temper of the monarch. See Strafford's Letters, vol. i. p. 32. From another letter in Ihe same collection (vol. i. p. 10) it appears that the council sometimes assumed the power of forbidding persons disagreeable to the court to stand in the elections. This authority they could exert in some instances ; but we are not thence to infer that they could shut the door of that House to every one who was not acceptable to them. The genius of the ancient government re- posed more trust in the king than toenLertain any such suspicion ; and it allowed scattered instances of such a kind as would have been totally destructive of the constitution had they been continued without interruption. I have not met with any English writer in that age who speaks of England as a limited monarchy, but as an absolute one, where the people huve many privi- leges. That is no contradiction. In all European monarchies the people have privileges ; but whether dependent or independent on the will of the monarch, is a question that, in most governments, it is. better to forbear. Surely that question was not determined before the ageof James. The rising spirit of the Parliament, together with the king's love of general speculative principles, brought it from its obscurity, and made it be commonly canvassed. The strongest testimony tbat I remember from a writer of James's age in favor of English liberty is in Car- dinal Bentivoglio, a foreigner, who mentions the English government as similar to that of the Low Country Provinces under their princes, rather than to that of France or Spain. Englishmen were not so sensible that their prince was limited, because they were sensible that no individual had any security against a stretch of prerogative ; but foreigners, by comparison, could perceive that these stretches w^ere at that time, from custom or other causes, less frequent in England than in otlier monarchies. Philip de Comines, too, remarked the English constitution to be more popular in his time than tbat of France. But in a paper written by a patriot in lt>27, it is remarked that the freedom of speech in Parliament had been lost in England since the days of Comines. See Franklyn, p. ^38. Here is a stanza of Malherbe's Ode to Mary de Medicis, the queen-regent written iu 1614; "Entre les rois k qui cet kge Doit son principal ornement, Ceux de la Tamise et du Tage Font louer leur gouvernenient : Mais en desi calmes provinces, Oil le peuple adore les princes, Et met au gr6 le plus haut L'honneur du sceptre legitime, S^auroit-on excuser le crime De ne regner pas comme il faut ?" The English as well as the Spaniards are here pointed out as much more obedient subjects than the French, and much more tractable and submissive to their princes. Though this passage be taken from a poet, every man of judgment will allow its authority to be decisive. The character of a national government cannot be unknown in Europe, though it changes sometimes very suddenly. Machiavel, in hie Dissertations on Livy, savs repeatedly that France was the most legal and most popular monarchy then in Europe. NOTE [K], p. 89. Passive obedience is expressly and zealously inculcated in the Homilies, com- posed anil published by authority, in the reign of Queen EMzabeth. The convo- cation which met iji the very fir-.t year of tlie king's reign voted as hip;h monarc h- ical principles as are contained in the decrees of the University of Oxford during the rule of the Tories. These principles, so far from being deemed a novelty in- troduced by James's influence, passed so smoothly that no historian has taken notice of them ; they were never the subject of controverHy or dispute or dis- course ; and it is on]y by means of Bi.-hop Overall's Convocation book, printed near seventy years after, that we are acquainted with them. Would James, lyho ;wa8 so cautious, and even timid, have ventured to begin his reign with a bold stroke, wbich would have given just ground of .-jealouBV to his subjects ? It ap- pears from that monarch's Basilicon Ooron, written while he was in Scotland, that the rep^ibliean ideas of the origin of power from th« people were at that time esteemed puritanical novelties. The patriarchal scheme, it is remarkable, is in- culcated in those votes of the convocation preserved by Overall ; nor wasFilmer the first inventor of those absurd notions. 606 HISTORY OF ENGLAND. NOTE [L], p. 104. > That of the honest historian Stowe seems not to have been of this number. " The great bleysings of God," says he, *' through increase of wealth in the coin- mon subjects of this land, especially upon the citizens of London ; such within men's memory, and chieliy within these few years of peace, that, except tiiere were now due mention of some sort made thereof, it would in time to come be held incredible," etc. In another place, " Among the manifold tokens and signs of the inlinite blessings of Almighty God bestowed upo» this kingdom, by the wondroas and merciful establishment of peace ^ithin ourselves, and the full bene- fit of concord with all Chrislian nations and others; of all wnich graces let no man dare to presume he can speak too much ; whereof in truth there can never be enough said, neither was there ever any people less considerate and less th nk- ful than at this time, being not willing to endure the memory of their present happiness ; as well as in the ujiiverbal increase of commerce and tratlic through- out the kingdom, great building of royal ships and by private merchants, tlie re- peopliiig of cities, towns and villages, besides the discernible and sudden increase of fair and costly buildings, as well within the city of Loudoii as the suburbs thereof, especially within these twelve years/' etc. NOTE [M], p. 131. By a speech of Sir Simon B'Ewes, in the first year of the Long Parliament, it clearly appears that the nation never had, even to that time, been rightly in- formed concerning the transactions of the Spanish negotiation, and stillbelieved the courtof Madrid to have been altogether insincere in their professions. What reason, upon that supposition, had they to blame either the prince or Buckingham for their conduct, or for the narrative'delivered to the Parliament. Thisisacap- ital fact, and ought to be well attended to. D'Ewes's speech is in Nalson, vol. ii, p. 3G8. No author or historian of that age mentions the discovery of Bucking- ham's impostures as a cause of disgust in the Parlianienc. Whitlocke, p. 1, only says that the Commons began to suspect that it had been spleeit in Buchinc,hini, not zeal for public good, which had induced him to break the Spanish match — a clear proof that his nilsehood was not suspected. Wilson, p. 780, says that Buck- ingham lost his popularity after Bristol arrived, not because that nobleman dis- covered to the world the falsehood of his narrative, but because he proved that Buckingham, while in Spain, had professed himself a papist ; which is false, and which "was never said by Bristol. In all the debates which remain, not the lenst hint is ever given that any falsehood was suspected in the narrative. I shall further add that even it the Parliament had discovered the deceit in Bucking- ham's narrative, this ought not to have altered their political measures, or made them refuse supply to the king. They had supposed it practicable to wrest the Palatinate by arms from the house of Austria ; tlieyhad represented it as prudent to expend the blood and ti'casure of the nation in such an enterprise ; they had believed that the King of Spain never had any sincere intention of restoringthat principality. It is certain that he had not now any such intention ; and though there was reason to suspect that this alteration in his views had proceeded from tlie ill conduct of Buckingham, yet past errors could not be retrieved ; and the nation was undoubtedly in the same ait nation which the Parliament had ever sup- posed, when they so much harassed their sovereign by their impatient, importu- nate, and even unduliful solicitations. To which we may add that Charles him- self was certainly deceived by Buckingham when he corroborated his favorite's narrative by his testimony. Party historians are somewhat inconsistent in their representations of these transactions': they represent the Spaniards as totally in- sincere, that they may reproacli James with cvedulity in being so long deceived by them ; they represent ihem as sincere, that they may reproach the king, the prince, and the duke with falsehood in their narrative to the Parliament. The truth is, they were insincere at ti.rst ; but the reasons, proceedijig from bigotry, were not suspected by Jauies, and were at last overcome. They became sincere ; but tlie prince, deceived \>y^ the many unavoidable causes of delay, believed that they were still deceiving him. NOTE [N], p. 158. This petition is of so great importance that we shall here give it at length : •' Humbly show unto our sovereign Lord the King, the Lords spiritual and tempo- ral, and Commons, in Pailiament assembled, that whereas it is declared and en- acted by a statute made in the time of the reign of King Edward I., commonly called Statutum de tatlaglo )ion covcedendn, that no tallage or aid shall be levied by the king or his heirs in this realm, without the good-will and. assent of the NOTES. 607 archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm ; and, by authority of Parliament lioldeii in the tive- and-twentieth year of the reign of King Kdward III., it Is declared and enacted that, from thenceforth, no person shall be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the hmd ; and, by other laws of this realm it is provided that none should be charged by any charge or imposition called a benevolence, or by such-like charge; by which the statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent in Parliament. *' II. Yet, nevertheless, of late divers commissions directed to sundry commis- sioners in several counties, wir.li instructions, have issued ; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your majesty ; and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or stat- utes of this realm, and have been constrained to become bound to make appear- ance and give attendance before your privy council, and in other places, and others of them have been therefore imprisoned, confined, and sundry other w^ys molested and disquieted ; and divers other charges have been laid and levied upon your people in several counties, by lord-lieutenants, deputy-lieutenants, commissioners for musters, justices of peace, and others, by command or direction from your majesty, or your privy council, against the laws and free customs of this realm. " 111. And whereas, also, by the statute called The Great Charter of the Liber- ties of England, it is declared and enacted that no freeman may be taken or im- prisoned, or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land. " IV. And in the eighth-and-twentieth yeai of the reign of King Edward III. it was declared and enacted, by authority of Parliament, that no man, of what estate or condition that he be, should he put out of his land' or tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of law. *' V. Nevertheless, against the tenor of the said statutes and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been impiisoned without an^ cause shown ; and when, for their deliver- ance, they were brought before ju^tice by your majesty's wnts of habeas corpus^ there to undergo and receive as the court should order, and their keepers com- manded to certify the causes of their detainer, no cause was certilied but that they were detained by your majesty's special command, signified by the lords of your privy council, and yet were returned back to seveial piisoiis, without l»eing charged with anytning to which they might make answer according to the law. " VI. And whereas of late great companies of soldiers and mariners have been dispersed into divei-s counties of the reaim; and the inhabitants, against their wills, have been compelled to receive them into their houfscs, and there to suffer them to sojourn, against the laws and cusioms of this realm, and to the great grievance and vexation of the people. " VII. And whereas, also, by authority of Parliament,in the five-and- twentieth year of the reign of King Edward III., it is deilared and enacted that no man shall be forejudged of life or limb a<_'ainst the form of the Great Charter and law of the land ; and, by the said Great Charter, and other the laws and statutes of this your realm, no man ought to be judged to death but by the laws established in this your realm, either by the customs of the same realm or by acts of Parlia- ment ; and whereas no offender, of what kind soever, is exempted from the pro- ceedings to be used and punishments to be inflicted by the laws and statutes of this your realm ; nevertheless, of late, divers commissions, under your majesty's great seal, huve issued forth, by which certain persons have been assigned and appointed commissioners, wi'h power and authority to proceed within the land, according to the justice of martial law, against snch soldiers and mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrajje or misdemeanor whatsoever, and by such sum- mary course and order a^ is agreeable tomattial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial. "VIII. By pretext whereof some of your majesty's subjects have been, by some of the said commisdoners, put to death, when and where, if by the laws and statutes of the land they had deserved death, by the t^ame laws and statutes also they might, and by no other ought to, have been judged and executed. *' IX. And also sundry grievous offenders, by color thereof claiming an exemi>- 608 HISTORY OF ENGLAND. tion, hare escaped the pimislimeTits due to them hy the laws and statutes of this your realm, hy reason that divers of your olUcers and ministers of justice have unjustly refused or forborne to proceed against such offenders act-orUingto tiie B.'ime laws ajid statutes, upon pretence that the said offenders were punishable only by martial law and by authority of such commissions as aforesaid, wUicn commissions, and all other of like nature, are wholly and directly contrary .o the taid laws and statutes of this \ our realm. _ •* X. They do therefore humbly pray your most excellent majesty that noman hereafter be compelled to make or yield any gift., loan, benevolence, tax, or such- like charge, wiLhout common consent, by act of Parliament; and that none be ca.led to make answer, or take such oath, or to give attendance, or be conlined, or otherwise molested or disquieted, concerning the same, or for refusal thereof; and that no freeman, in any such matter as is before mentioned, be imprisoned or detained ; nnd that your majesty would be pleased to remove the said sokuers and mariners, and that people may not be so bu' dened in time to come ; and that the afore-said commissions for proceeding by martial law may be revoked and an- nulled ; and that hereafter no commissions of like nature may issue forth, to any person or persons whatsoever, to he executed as aforesaid, lest by colof of them any of your majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land. " XI. All which they most humbly pray of your most excellent majesty, as their rights and liberties according to the laws and statutes of thi& realm ; and that your majesty would also vouchsafe to declare that the awards, doings, and proceedings to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example. And that your majesty would be also graciously pleased, for the further comfort and safety of your people, to de- clare your royal will and pleasure that in the things aforesaid all your otiicers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honor of your majesty and the prosperity of this kingdom."— 5ia(. 17 far. cap. 14. NOTE [O], p. 168. The reason assigned by Sir Philip "Warwick, p. 2, for this unusual measure of the Commons is, that they intended to deprive the crown of the prerogative, which it had assumed, of varying the rates of the impositions, and at the same time were resolved to cut off the new rates fixed by James. These were consid- erable diminutions both of revenue and prerogative ; and whether they would have there stopped, coi .sidering their present disposition, may be much doubted. The king, it seems, and the Lords, were resolved not to trust them ; norto render a revenue once precarious which perhaps they might never afterwards be able to get re-established on the old footing. NOTE [P], p. 195. Here is a passage of Sir John Davis's Question concerning Impositions, p. 131: " This power of laying on arbitrarily new impositions being a prerogative in point of government as well as in point of profit, it cannot be restrained or bound by act of Parliament ; it cannot be limited by any certain or fixed rule of law, no morethan the course of a pilot upon the sea, who must turn the helm, or bear higher or lower sail, according to the wind or weather ; and therefore it may be properly said tbat the king's prerogative, in this point, is as strong as Samson : it cannot be bound : for though an act of Parliament be made to restrain it. and the kiii^ doth give his consent unto it, as Samson was bound with his own cmisent, yet if the Philistines come, that is, if any just or important oct asion do ari^e, it cannot hold or resti'ain the prerogative ; it will be as thread, and broken as easy as the bonds of Samson. The king's prerogatives are the sunbeams of the crown, and as inseparable from it as the sunbeams from the sun. The king's crown must be taken from him, Samson's hair must be cut off, before his courage can be ai.y jot abated. Hence it is that neither ihe king's act, nor any act of Parliament, can give away his prerogative." NOTE [Q], p. 236. We shall here make use of the liberty, allowed in a note, to expatiate a little ., on the present subject. It must be confessed that the king, in tliis declaration, touched upon that circumstance in the English constitution which it is most diffi- cult, or rather altogether impossible, to regulate by laws, and which must be gov- erned by certain delicate ideas of propriety and decency rather than by any exact rule or prescription. To deny the Parliament all right- of remonstrating against NOTES. 609 what they esteem grievances were to reduce that assembly to a total insignifi- cancy, and to deprive the people of every advantage which they could reap irora popular councils. To complain of the Parliament's employing the power of tax- ation as the means of extorting concessions from their sovereign were to expect that they would entirely disarm themselves, and renounce the sole expedient pro- Wided by the constitution for insuring to the Idngdora a just and legal adminis- tration. In different periods of English story there occur instances of their re- monstrating with tbeir princes in the freest manner, and sometimes of their re- fusing supply, when disgusted with any circumstance of public conduct. It is, however, certain that this power, though essential to parliaments, may easily be abused, as well by the frequency and minuteness of their remonstrances, as by their intrusion into every part of the king's counsels and determinations. Under color of advjce, they may give disguised orders ; and in complaining of griev- ances they may draw to themselves every power of government. Whatever measure is embraced without consulting them may be pronounced an oppression of the people ; and till corrected, they may refuse the most necessary supplies to their indigent sovereign, From the very nature of this parliamentary liberty, it is evident that it must be left unbounded by law j for who can foretell how frequently grievances may occur, or what part of administration maybe affected by them ? From the nature, too, of the human frame, it may be expected that this liberty would be exerted in its full extent, and no branch of authority be al- lowed to remain unmolested in the hands of the prince. Eor, will the weak lim- itations of respect and decorum be sufficient to restrain human ambition, which so frequently breaks through all the prescriptions of law and justice ? But here it is observable that the wisdom of the English constitution, or rather the concurrence of accidents, has provided, in different periods, certain irregular checks to this privilege of Parliament, and thereby maintained in some tolerable measure the dignity and authority of the crown. In the ancient constitution, before the beginning of the seventh century, the meetings of Parliament were precarious, ana were not frequent. The sessions were short ; and the members had no leisure, either to get acquainted with each other or with public business. The ignorance of the age made men more sub- missive to that authority which governed them. And, above all, the large de- mesnes of the crown, with the small expense of government during that period, rendered the |)iince almost independent, and taught the Parliament to preserve great submission and duty towards him. In our present constitution, many accidents, whichhave rendered governments everywhere, as well as in Great Britain, much more burdensome than formerly, have thrown into the hands of the crown the disposal of a large revenue, and have enabled the king, by the private interest and ambition of the members, to re- sti'ain the public interest and ambition of the body. While the opposition (for we must still have an opposition, open or disguised) endeavors to draw eveiy branch of administration under the cognizance of Parliament, the courtiers re- serve a part to the disposal of the crown ; and the royal prerogative, though de- prived of its ancient power, still maintains a due weight in the balance of the constitution. It was the fate of the house of Stuart to govern England at a period when the former source of authority was already much diminished, and before the latter began to flow in any tolerable abundance. Without a regular and tixed founda- tion, the throne perpetually tottered ; and the prince sat upon it anxiously and precariously. Every expedient used by James and Charles, in order to support their dignity, we have seen attended with sensible inconveniences. The majesty of the crown, derived from ancient powere and prerogatives, procured respect, and checked the approaches of insolent intruders ; but it begat in the king so high an idea of his own rank and station as made him incapable of stooping to popular courses, or submitting in any degree to the control of Pai'liament. The alliance with the hierarchy strengthened law by the sanction of religion ; but it enraged the puritanical party and exposed the prince to the attacks of enemies, numerous, violent, and iinplacable. The memory, too, of these two kings, from like causes, has been attended, in some degree, with the same infelicity which pursued them during the whole course of their lives. Though it must be con- fessed that their skiU in government was not proportioned to the extreme deli- cacy of their situation, a sufficient indulgence has not been given them, and all the blame, by several historians, has been unjustly thrown on their side. Their violations of law, particularly those of Charles, are, in some few instances, trans- gressions of a plain limit which was marked out to royal authority. But the en- croachments of the Commons, though in the beginning less positive and deter- minate, are no less discernible by good judges, and were equally capable of destroying Lne just balance of the constitution. While they exercised the powers transmitted to them in a manner more independent and less compliant than had Vol. IV.— 39 610 HISTORY OF ENGLAND. ever before been practised, the kings were, perhaps imprudently, but. as they imagined, from necessity, tempted to assume powers which had scarcely ever been exercised, or had been exercised in a different manner, by the crown. And from the shock of these opposite pretensions, together with religious controversy, arose all the factions, convulsions, and disorders which attended that period. [This note was, in the lirst editions, a part of the text.] NOTE [R], p. 280. Mb. Carte, in his Life of the Buke of Ormond, has riven us some evidenc» to prove that this letter was entirely a f orgeJ7 of the popular leaders, in order to in- duce the king to sacrifice Strafford. He tells us that Strafford said so to his son the night before his execution. But there are some reasons why I adhere to the common way of telling the stoiy. 1. The account of the forgery comes through several hands, and from men of characters not fully known to the public— a cir- cumstance which weakens every evidence— it is a hearsay of a hearsay. 2. It seems impossible but young Lord Strafford miist inform the king, who would not have failed to trace the forgery, and expose his enemies to their merited infamy. 3. It is not to be conceived but Clarendon and Whitlocke, not to mention others, must have heard of the matter. 4. Sir George Eatcliffe, in his Life of Strafford, tolls the story the same way that Clarendon and Whitlocke do. Would he also, who was Strafford's intimate friend, never have heard of the forgery? It is re- markable that this Life is dedicited or addressed to young Strafford. Wouldnot he have put Sir George right in so material and interesting a fact? NOTE [S], p. 281. What made this bill appear of less consequence was, that the Parliament voted tonnage and poundage for no longer a period than two months ; and as that brancli was more than halt of the revenue, and the government could not pos- sibly subsist without it, it seemed indirectly in the iiower of the Parliament to continue themselves as long as they pleased. This, indeed, was true in the ordinary administration of government; but on the approaches towards a civil war, which was not then foreseen, it had been of great consequence to tlie king to have reserved the right of dissolution, and to have endured any extremity rather than allow the continuance of the Parliament. NOTE [T],p. 304. It is now so universally allowed, notwithstanding some muttering to the con- ti'ary, that the king had no hand in the Irish rebellion that it will be superfluous to insist on a point which seems so clear. I shall only suggest a very few argu- ments, among an infinite number which occur. 1. Ought tlie affirmation of per- fidious, infamous rebels ever to have passed for any authority ? 2. Nobody can tell us what the words of the pretended commission were. That commission which we find in Rushworth, vol. v. p. 400, and in Milton's Works, Toland's edi- tion, is plainly an imposture ; because it pretends to be dated in October, 1641, yet mentions facts which happened not till some months after. It appears that the Iiish rebels, observing some inconsistency in their first forgery, were obliged to forge this commission anew, yet could not render it coherent or probable. 3. Nothing could be more obviously pernicious to the king's cause than the Irish re- bellion ; because it increased his necessities and rendered him still more depend- ent on the Parliament, who had before sufficiently shown on what terms they would assist him. 4. 'I'he instant the king heard of the rebellion, which was a very faw days after its commencement, he wrote to the Parliament, and gave over to them the management of the war. Had he built any projects on that rebellion, would he not have waited some little time to see how they would suc- ceed ? would he presently have adopted a measure which was evidently so hurt- ful to his authority ? 5. What can be imagined to be the king's projects? To raise tlie Irish to arms, I suppose, and bring them over to England for his assist- ance. But it is not plain that the king never intended to raise war in England ? Had th;it been his intention, would he have rendered the Parliament perpetual ? Does it noi appear, by the whole train of events, that the Parliament forced him into the war ? 6. The king conveyed to the justices intelligence which ought to have prevented the rebellion. 7. The Irish Catholics, in all tlieir future trans- actions with the king, where they endeavored to excuse their insurrection, never had the assurance to plead his commission. Even among themselves they dropped that pretext. It appears that Sir Phelim O'Neale. cliiefly, and he only at first, promoted that imposture. See Carte's Ormond, vol. iii. No- 100, 111, 112, 114, 115, 121, 132, 137. 8. O'Neale himself confessed the imposture on his trial NOTES. 611 and at hia execution. See Nalson, vol. ii- p. 628. Maguire, at his execution, made a like confession. 9. It is ridiculous to mention the justification which Charles II. gave to the Marquis of Antrim, as if he had acted by hie father's com- mission. Antrim had no hand in the first rebellion and the massacre ; he joined not the rebels till two years after; it was with the king's consent, and he did important service in sending over a body of men to Montrose. NOTE [U], p. 334. The great courage and conduct displayed by many of the popular leaders have commonly inclined men to do them in one respect more honor than they deserve, and to suppose that, like able politicians, they employed pretences which they secretly despised, in order to serve their selfish purposes. It is, however, proba- ble, if not certain, that they were, generally speaking, the dupes of their own zeal. Hypocrisy, quite pure and free from fanaticism, is, perhaps, except ^mong men fixed in a determined philosophical scepticism, then unknown, as rare as fanaticism entirely purged from all mixture of hypocrisy. So congenial to the human mind are religious sentiments that it is impossible to counterfeit long these holy fervors without feeling some share of the assumed warmth ; and, on the other hand, so precarious and temporary, from the frailty of human nature, is the operation of these spiritual views that the religious. ecstasies, if constantly employed, must often be counterfeit, and must be warped by those niore familiar motives of interest and ambition which insensibly gain upon the mind. This, indeed, seems the key to most of the celebrated characters of that age. Equally full of fraud and of ardor, these pious patriots talked perpetually of seeking the Lord, yet sti,ll pursued their own purposes ; and have left a memorable lesson to posterity, how delusive, how destructive, that principle is by which they were animated. With regard to the people we can entertain no doubt that the controversy was, on their part, entirely theological. The generality of the nation could never have flown out into such fury in order to obtain new privileges and acquire greater liberty than they and their ancestors had ever been acquainted with. Their fatliers had been entirely satisfied with the government of Elizabeth ; why should they have been thrown into such extreme rage against Chailes, who, from the beginning of his reign, wished only to maintain such a governjn'ent? And why not, at least, compound matters with him when, by all his laws, it ap- peared tiiat he had agreed to depart from it, especially as he had put it entirely out of his power to retract that resolution? It is in vain, therefore, to dignify this civil war and the parliamentary authors of it by supposing it to have any other considerable foundation than theological zeal, that great and noted source of animosity among men. The royalists also were very commonly zealots; biit as they were, at the same time, maintaining the established constitution, in State as well as Church, they had an object which was natural, and which might pro- duce the greatest passion, even without any considerable mixture of theological fervor. [The former part of this note was, in the first editions, a part of the text.] NOTE [X], p. 335. In some of these declarations, supposed to be penned by Lord Falkland, is found the first regular definition of the constitution, according to our present ideas of it, that occurs in any English composition ; at least any published by authority. The three species of government— monarchical, aristocratical, and democratical— are there plainly distinguished, and the English government is expressly said to be none of them pure, but all of them mixed an' advantages from these controversies and inquiries; and the royal authority itself became more secure within those provinces which were assigned to it. [Since the fi.rst publication of this history the sequel of Lord Clarendon has been published, where that nobleman asserts that he himself was the author of most of these remonstrances and memorials of the king.] NOTE [Y], p. 353. "Whitlocke, who was one of the commissioners, says, p. 65, " Xn this treaty the king manifested his great parts and abilities, strength of reason, and quickness of apprehension, with much patience in hearing what was objected against him ; wherein he allowed all freedom, and would himself sum up the arguments and five a most clear judgment upon them. His unliappiness was that he had a bet- er opinion of others* judgments than of his own, though they were weaker than his own ; and of this the Parliament commissioners nad experience, to their great trouble. They were often waiting on the king, and debating some points of the treaty with him until midnight, before they could come to a conclusion. Upon one of the most material points they pressed his majesty with their reasons and best arguments they could use to grant what they desired. The king said he was fully satistied, and promised to give them his answer in writing, according to their desire ; but because it was then past midnight, and too late to put it into writing, he would have it drawn up next morning (when he com- manded them to wait on him again), and then he would give them his answer in writing as it was now agreed iipon. But next morning the king told them that he had altered his mind : and some of his friends of whom tlie commissioners inquired told them that, after they were gone, and even his council retired, some of his bedchamber never left pressing and persuading him till they prevailed oa him to change his former resolutions." It is difficult, however, to conceive that any negotiation could have succeeded between the king and Parliament while the latter insisted, as they did all along, on a total submission to all their de- mands ; and challenged the whole power, which they professedly intended to employ to the punishment of the king's friends. NOTE [Z], p. 360. The author is sensible that some blame may be thrown upon him on account of this last clause in Mr. Hambden's character, as if he were willing to entertain a suspicion of bad intentions where the actions were praiseworUiy. — But the author's meaning is directly contrary : he esteems the last actions of Mr. Hamb- den's life to have been vei-y blamable ; though, as they were derived from good motives, only pushed to an extreme, there is room left to believe that the inten- tions of that patriot, as well as of many of his party, were laudable. Had the preceding administration of the king, which we are apt to call arbitrary, pro- ceeded from ambition and an unjust desire of encroaching on the ancient liber- ties of the people, there would have been less reason for giving him any trust, or leaving in his hands a considerable share of that power which he had so much abused. But if his conduct was derived in a great measure from necessity, and from a natural desire of defending that prerogative which was transmitted to him from his ancestors, and which his parliaments were visibly encroaching on, there is no reason why he may not be esteemed a very virtuous prince, and entirely worthy of trust from his people. The attempt, therefore, of totally an- nihilating monarchical power was a very blamable extreme ; especially as it was attended with the danger, to say the least, of a civil war, which, besides the numberless ills inseparable from it, exposed liberty to much greater perils than it could have incurred under the now limited authority of tlie king. But as these points could not be supposed so clear during the time as they are or may be at present, there are great reasons of alleviation for men who were heated by the controversy or engaged in the action. And it is remarkable that even at present (such is the force of party prejudices) there are few people who have coolness enough to see these matters in a proper light, or are convinced that the Pajliamont could prudently have stopped in tlieir pretensions. They still plead the violations of liberty attempted by the king Mter granting the Petition of NOTES. 613 Right, without considering the extreme harsh treatment which he met with after making that great concession, and the impossibility of supporting goTcrnment by the revenue then settled on the crown. The worst of it is that there was a .great tang of enthusiasm in the conduct of the parliamentary leaders which, though it might render their conduct sincere, will not much enhance their char- acter with posterity. And though Hambden was, perhaps, less infected with this Bpirit than many of his associa' es, he appears not to have been altogether free from it. His intended migration to .America, where he could only propose the advantage of enjoying Puritanical prayers and sermons, will be allowed a proof of the prevalence of this spirit in him. NOTE [AA], p. 373. In A letter of the king t-othe queen, preserved in the British Museum, and published hy Mrs. Macaulay, vol. iv. p. 420, he says that unless religion was pre- served, the militia (being not, as in France, a formed powerful strength) would he of little use to the crown : and that if the pulpits had not obedience, which would never be if Presbyterian government was absolutely established, the king would have but small comfort of the militia. This reasoning shows the king's good sense ; ^nd proves that his attachment to ei^iscopacy, though partly founded 4m religious principles, was also, in his situation, derived from the soundest views of civil policy. In reality, It was easy for the king to perceive, by the necessapr connection between trifles and important matters, and by the connec- tion maintained at that time between religion and politics, that when he was contending for the surplice he was in effect fighting for his crown, and even for his head. Few of the popular party could perceive this connection ; most of them were carried headlong by fanaticism, as might be expected in the ignorant multitude. Few even of the leaders seem to have had more enlarged views. NOTE [BB], p. 410. That Laud's severity was not extreme appears from this fact, that he caused the acts or records of tne high-commission court to he searched, and found that there had been fewer suspensions, deprivations, and other punishments by three during the seven years of his time than in any seven years of his predecessor, Abbot, who was, notwithstanding, in great esteem with the House of Commons. — Troubles and Trials of Laud, p. 164. But Abbot was little attached to the court, and was also a Puritan in doctrine, and bore a mortal hatred to the papists ; not to mention that the mutinous spirit was rising higher in the time of Laud, and would less bear control. The maxims, however, oi his administration were the same that had ever prevailed in England, and that had place in evevy other European nation, except Holland, which studied chiefly the interests of com- merce, and France, which was fettered by edicts and treaties. To have changed them for the modern maxims of toleration, how reasonable soever, would have been deemed a very hold and dangerous enterprise. It is a principle advanced by President Montesquieu that where the magistrate is satisfled with the estab- lished religion, he ought to repress the first attempts towards innovation, and only grant a toleration to sects that are diffused and established. See L'Esprit des Loix, liv. xxv. ch. x. According to this principle Laud's indulgence to the Catholics and severity to the Puritans would admit of apology. I own, however, that it is verv questionable whether persecution can in any case be justified; but, at the seme time, it would be hard to give that appellation to Laud's conduct, who only enforced the act of uniformity, and expelled the clergyman that ac- cepted of beiiefices and yet refused to observe the ceremonies which they pre- viously knew to be enjoined by law. He never refused them sejjarate places of worship ; because they themselves would have esteemed it impious to demand them, and no less impious to allow them. NOTE [CO], p. 430. Dr. Birch has written a treatise on this subject. It is not my business to oppose any facts contained in that gentleman's performance, I shall only pro- duce arguments which prove that Glamorgan, when he received his jjrivate com- mission, had injunctions from the king to act altogether in concert with Ormond. 1. It seems to be implied in the very words of the commission. Glamorgan is empowered and authorized to treat and conclude with tlie confederate Roman Catholics in Ireland. "If upon necessity any (articles) he condescended unto, wherein the king's lieutenant cannot so well be seen in, as not tit for us at pres- ent publicly to own," Here no articles are mentioned which are not tit to be communicated to Ormond, but only not fit for him and the king publicly to be 614 HISTORY OF ENGLAND. seen in and to avow. 2. The king's protestation to Orroond ought, both on ac count of that prince's character and the reasons he assigns, to have the greatest weight. The words are these: "Ormoiid, I cannot but add to my Jong letter that, upon the word of a Christian, I never intended Glamorgan should treat anything witliout your approbation, much less without your knowledge. For. besides the injury to you, i was always dittident of his judgment (though 1 could not think him so extremely weak as now, to my cost, 1 have founU), which you may easily perceive in a postscript of a letter of mine to you."— Carte, vol. ii. App. xxiii. It is impossible that any man of honor, however he might dissemble with his enemies, would assert a falsehood in so solemn a mamier to his best friend, especially where that person must have had opportunities of knowijig the truth. The letter, whose postscript is mentioned by the king, is to be found in Carte, vol. ii. App. xiii. 3. As the king had really so low an opinion of Gla- morgan's understanding, it is' very unlikely that he would trust him wilh the sole management of so important and delicate a treaty ; and if he had intended that Glamorgan's negotiation should have been independent of Onnond, he would never have told the latter nobleman of it, nor have put him on his guard against Glamorgan's imprudence. That the king judged aright of this noble- man's character appears from his Century of Arts or Scanthng of Inventions, which is a ridiculous compound of lies, chimeras, and impossibilities, and shows what might be expected from such a man. 4. Mr. Carte has published a whole series of the king's correspondence with Ormond, from the time that Glamorgan came into Ireland ; and it is evident that Charles all along considers the lord- lieutenant as the person who was conducting the negotiations with the Irish. The 3l8t of July, 1645, alter the battle of Naseby, being reduced to great straits, he writes earnestly to Ormond to conclude a peace upon certain conditions mentioned, much inferior to those granted by Glamorgan, and to come over him- self with all the Irish he could engage in his service.— Carte, vol. iii. No. 4)0. This would have been a great absurdity if he had already fixed a different cajial by which, on very different conditinna, he purposed to establish a peace. On the 23d of October, as his distresses multiply, he somewhat enlarges the conditions, though they still fall short of Glamorgan's — a new absurdity! See Carte, vol. iii. p. 411. 5. But what is equivalent to a demonstration that Glamorgan was conscious that he had no power to conclude a treaty on these terms, or without consulting the lord-lieutenant, and did not even expect that the king would ratify the articles, is the defeasance which he gave to the Irish council at the time of signing the treaty. "The Earl of Glamorgan does no way intend hereby to oblige his majesty other than he himself shall please after he has received these ten thousand men as a pledge and testimony of the said lioman Catholics' loyalty and fidelity to his majesty ; yet he promises faithfully, upon liis word and honor, not to acquaint his majesty with this defeasance till he has endeavored, as far as in him lay, to induce his majesty to the granting of the particulars in the said articles; but, that done, the said commissioners dSeharge the said Earl of Glamorgan, both in honor and conscience, of any further engagement to them therein, though his majesty should not be pleased to grant the said particulars in the articles mentioned ; the said earl having given them assurance, upon his word, honor, and voluntary oath, that he would never, to any person whatsoever discover this defeasance in the inierim without their consent."— Dr. Birch, p. Oe! All Glamorgan's view was to get troops for the king's service without hurting his own honor or his master's. The wonder only is why the Irish accepted of a treaty which bound nobody, and which the very person who concludes it seems to confess he does not expect to be ratified. They probably hoped that the king would, from their services, be more easily induced to ratify a treaty which was concluded than to consent to its conclusion. 6. I might add that the lord-lieu- terant's concurrence in the treaty was the more requisite because without it the treaty could not be carried into execution by Glamorgan, nor the Irish troops be transported into England ; and even with Ormond's concurrence it clearly ap- pears that a treaty so ruinous to the Protestant religion in Ireland could not be executed in opposition to the zealous Protestants of that kingdom. No one can doubt of this truth who peruses Ormond's correspondence in Mr Carte. ITie king was sufaciently apprised of this difficulty. It appears, indeed, to be the oniy reason why Ormond objected to the granting of high terms to the Irish Catholics. Dr. Birch, in p. 360, has published a letter of the king's to Glamorgan where he says, " Howbeit I know you cannot be but confident of my making good all instructions and promises to you and the nuncio." But it is to be remarked that this letter is dated April 5, 1646 ; after there had been a new netrotiation entered into between Glamorgan and the Irish, and after a provisional treatv had even been concluded between them. See Dr. Birch, p 179 The king's assurances, therefore, can plainly relate only to this recent transaction. The old NOTES. 615 treaty had long been disavowed by the king, and supposed by all parties to be annulled. NOTE [DD], p. 458. Salmonet, Ludlow, Hollis, etc., all these, especially the last, being the declared inveterate enemies of Cromwell, are the more to be credited when they advance any fact which may serve to apologize for his violent and criminal conduct, 7'here prevails a story that Cromwell intercepted a letter written to the queen, where the l£ing said that he would first raise and then destroy Cromwell. But besides that this conduct seems to contradict the character of the king, it is, on other accounts, totally unworthy of credit. It is first told by Roger Coke, a very passionate and foolish histoiiaii, who wrote, too, so late as King William's reigji; and even he mentions it only as a mere rumor or hearsay, without any known foundation. In the Memoirs of Lord Broghill we meet with another story of an intercepted letter, which deserves some more attention and agrees very well wiLh the narration here given. It is thus related by Mr. Maurioe, chaplaiu to Roger, Earl of Orrery : ''Lord Orrery, in the time of his greatness with Cromwell, ]ust after he had so seasonably relieved him in his great distress at Clonmel, riding out of youghaU one day with him and Ireton, they fell into discourse about, the king's deam. Cromwell thereupon said more than once that if the king had fol- lowed his own judgment, and had been attended by none but trusty servants, he had fooled them all; and that once they bad' a mind to have closed with him, but, upon something that happened, fell off from that design. Orrery, finding them in good humor, and being alone with them, asked if he might presume to desire to know why they would once have closed with his majesty, and why they did not ? Cromwell very freely told him he would satisly him with both his queries. * The reason,' says he, * why we would have closed with the king was this : we found that the Scotch and Presbyterians began to be more powerful than we, and were likely to agree with him and leave ua in the lurch. For this reason we thought it test to prevent them by offering first to come in upon reasonable conditions. But while our thoughts were taken up with this subject, there came a letter to us from one of our spies, who was of the king's bed- chamber, acquainting us that our final doom was decreed that very day ; that he could not possibly learn what it was, but we might discover it if we could but intercept a letter sent from the king to the queen, wherein he informed her of his resolution ; that this letter was sewn up in the skirt of a saddle, and the bearer of it would come with the saddle upon his head, about ten of the clock that night, to the Blue Boar in Holboni, where he was to take horse for Dover. The messenger knew nothing of the letter in the saddle, though some in Dover did. We were at Windsor,' said Cromwell, 'when we received this letter, and, immed-iately upon the receipt of it, Ireton and 1 resolved to tike one trusty fellow with us and to go in troopers' habits to that inn. We did so ; and, leaving our man at the gate of the inn (which had a wicket only open to let persons in and out) to watch and give us notice when any man came in with a saddle, we went into a drinking-stall. We there continued drinking cans of beer till about ten of the clock, when our sentinel at the gate gave us notice that the man with the saddle was come. We rose up presently, and just as the man was leading out his horse saddle we came up to him with drawn sworda and told him we were to search all that went in and out there ; but as he looked like an honest man we would only search his saddle, and so dismiss him. The saddle was ungirt, we carried itmto the stall where we had been drinking, and, ripping open one of the skirts, we there found the letter we wanted. Having thus got it into our bands, we delivered the man (whom we had left with our sentinel) his saddle, told him he was an honest fellow, and bade him go about his business ; which he did. pur- suing his journey without more ado, and ignorant of the harm he had suffered. We found in the letter that his majesty acquainted the queen that hi' was courted by both factions— the Scotch Presbyterians and the army— and that those which bade the fairest for him should have him ; but yet he thought he should close with the Scots sooner than with the other. Upon this we returned to Windsor ; and, finding we were not likely to have good terms from the king, we from that time vowed his destruction.'" "This relation, suiting well enough with other passages and circumstances at this thne, I have inserted to gratify the reader's curiosity." — Carte's Ormond, vol. ii. p. 12. NOTE [EEl, p.460. These are the words : " Laneric, I wonder to hear (if that be true) that some of my friends say that my going to Jersey would have much more f urtheied my personal treaty than my 'coming hither, for which, as I see no color of reason, so 616 HISTORY OF ENGLAT!«^D. I had not been here if I had thought that fancy true, or had not been secured of a personal treaty, of which I neither do, nor 1 hope will, repent, for I am daily more and more satisfied with the governor, and lind these islanders very good, peaceable, and quiet people. This encouragement 1 have thought not unlit for you to receive, hoping at least it may do good upon others, though needless to to you." — Burnet's Memoirs of Hamilton, p. 326. See also Kushworth, part iv. vol. ii. p. 941, All the writers of that age, except Clarendon, represent the king's going to the Isle of Wight as voluntaz-y and intended. Perhaps the king thought it little for his credit to be trepanned into this measure, and was more willing to take it on himself as entii-ely voluntary. Perhaps he thought it would encourage his friends, if they thought him in asituatiou which was not disagree- able to him. NOTE [FF], p. 474. The king composed a letter to the prince in which he related the whole course of this transaction, and accompanied his narrative with several wise as well as pathetical reflections and advices. The wordy with which he concluded the let- ter are remarkable : " By what hath beeji said, you see how long I have labored in the search of peace ; do not you be disheartened to tread in the same steps. Use all worthy means to restore yourself to your rights ; but prefer the way of peace. Show the greatness of your miiid, rather to conquer your enemies by pardoning than by punishing. If you saw how unmanly and unchristian the implacable disposition is in oar ill-wisher-, you would avoid that spirit. Censure me not for having parted with so much of our right. The price was great ; but the commodity was security to us, peace to my people. And I am conlident that another Parliament would remember how useful a king's power is tQ a people's liberty ; of how much power I divested myself, that I and they might meet once a^ain in a parliamentary way, in order to agree the bounds of prince and people. Give belief to my experience, never to afllect more greatness or prerogative tlian what is really and intrinsically for the good of the subjects, not the satisfaction of favorites. If you thus use it, you will never want means to be a father to all and a bountiful prince to any whom you incline to be extraordinarily gracious to. You may perceive that all men intrust their treasure wheie it returns them interest j and if a prince, like the sea, receive and repay all the fresh streams which the rivers intrust with him, they will not grudge, but pride themselves, to make him up an ocean. These considerations may make you jis great a prince as your father is a low one ; and your state may be so much the more estab- lished as mine hath been shaken. For our subjects have learned, I dare say, that victories over their princes are but triumphs over themselves, and so will more unwillingly hearken to changes hereafter. The English nation are a sober people, however at present infatuated. I know not but this may be the last time I may speak to you or to the world publicly. I am sensible into what hands I am fallen ; and yet I bless God I have those inward refreshments which the malice of my enemies cannot perturb. I have learned to be busy myself by retir- ing into myself, and, therefore, can the better digest whatever befalls me, not doubting but God's providence will restrain our enemies' power, and turn their fierceness into his praise. To conclude, if God give you success, use it humbly and be ever far from revenge. If he restores you to your right on hard condi- tions, whatever you promise, keep. These men who have violated laws which they were bound to preserve will lind their triumphs full of trouble. But do not you thiiili anything in the world worth attaining by foul and unjust means." NOTE [GG], p. 490. The imputation of insincerity on Charles I., like most party clamors, is difB- cnlt to be removed ; though it may not here be improper to say something with regard to it. J shall first remark that this imputation seems to be of a later growth than his own age ; and that even his enemies, though they loaded him with many calumnies, did not insist on this accusation, Lu(Jlow, I think, is almost the only parliamentarian who imputes that vice to him j and how pas- sionate a writer he is must be obvious to every one. Neither Clarendon, nor any other of the royalists, ever justify him from insincerity, as not supposing that he had ever been accused of it. In the second place, his deportment and cliaracter in common life was free from that vice. He was reserved, distant, stately ; cold in bis address, plain in his discourse, inflexible in his principles ; wide of the caressing, insinuating manners of his son, or the professing, talkative humor of his father. The imputation of insincerity must be grounded on some of his pub- lic actions^ which we are, therefore, in the third place, to examine. The follow- ing are the only instances which I find cited to confirm that accusation : 1. His XOTES. 617 vouching Buckingham' s narrative of the transactions in Spain, But it is evident that Charles himself was deceived ; why, otherwise, did he quarrel with Spain ? The followiaig is a passage of a letter fiom Lord Kensington, ambassador in France, to the Duke of liuekingham, Cabala, p. :^lB: "Bub his highness (the prince) had observed as great a weakness and folly as that, in that after they (the Spaniards) had used him so ill, they would suffer him to depart, which was one of the lirst speeches he uttered after he came into the ship. * But did he say BO?' said the queen (of France). 'Yes, madam, I will assure you,' quoth I 'from the witness of mine own ears.' She smiled and replied, 'Indeed, I have heard he was used ill.' ' So he was,' answered 1, ' but not m his entertainment, for that was as splendid &s that country could alford it ; but in their frivolous delays and in the unreasonable conditions which they propounded and pressed upon the advantage they had of his princely person.' " 2. Bishop Burnet, in his History of the House of Hamilton, p. 154, has preserved a letter of the king's to the Scottish bishops, in which he desires them not to be present at the Parlia- ment, where they would be forced to ratify the abolitjo^i of their own order': " For," adds the king, " we do hereby assure you that it shall be still one of our chiefest studies how to rectify and establish the government of that Church' aright, and to repair your losses, which we desire to he most confident of." And in another place, " You may rest secure that though perhaps we may give way for the pre.-^ent to that which will be prejudicial both to the Church and our own tovernment, yet we shall not leave thinking in time how to remedy both." But oes tlie king say that he will arbitrarily revoke his concessions ? Does not can- dor require us rather to suppose that he hoped his authority would so far recover as to enable him to obtain the national consent to re-establish episcopacy^which he believed so material a part of religion as well as of government? It is not easy, indeed, to think how he could hope to effect this purpose in any other way than his father had taken ; that is, hy consent of Parliament. 3. There is a pas- iage in Lord Clarendon where it is said that the king assented the more easily to the bill which excluded the bishops from the House of Peers because he thought that that law, being enacted by force, coald not be valid ; but the king certainly reasoned right in that conclusion. Three fourths of the temporal peers were at , that time banished by the violence of the populace; twelve bishops were unjustly thrown into the Tower by the Commons ; great numbers of the Commons them- selves were kept away by fear or violence ; the king himself was chased from London. If all this be not force, there is no such thing. . But this scruple of the king's affects only the bishops' bill, and that against pressing. The other con- stitutional laws had passed without the least appearance or violence, as did indeed all the bills passed during the first year, except Strafford's attainder, which could not be recalled. The Parliament, therefore, even if they had known the king's sentiments in this particular, could not, on that account, have had any just foundation of jealousy. 4. The king's letter intercepted at Naseby has been the source of much clamor. We have spoken of it already in chapter Iviii, Nothing is more usual in all public transactions than such distinctions. After the death of Charles II. of Spain, King William's ambassadors gave the Duke of Anjou the title of King of Spain ; yet at that very time King William was secretly forming alliances to dethrone him"; and soon after he refused him that title, and insisted (as he had reason) that he had not acknowledged his right. Yet King William justly passes for a very sincere prince; and this transaction is not re- garded as any objection to his character in that particular. In all the negotia- tions at the Peace of Ryswick, the French ambassadors always addressed King William as King of England ; yet it was made an express article of the treaty that the French king should acknowledge him as such. Such a palpable differ- ence is there between giving a title to a prince and positively recognizing his right to it. I may add that Charles, when he asserted that protestation in the council-books before his council, surely thought he had reason to justify his con- duct. There were too many men of honor in that company to avow a palpable cheat. To which we may subjoin that if men were as much disposed to judge of this prince's actions with candor as severity, this precaution of entering a pro- test in his council-books might rather fjass for a proof of scrupulous honor ; lest he should afterwards be reproached with breach of his word, when he should think proper again to declare the assembly at Westminster no Parliament. 5. The denying of his commission to Glamorgan is another instance which has been cited. This matter has been already treated in a note to chapter Iviii. That transaction was entirely innocent. Even if the king had given a commis- sion to Glamorgan to conclude that treatj', and had ratified it, will any reason- able man in our age think it strange that in order to save his own life, his crown, his family, his friends, and his party, he should make a treaty with Papists, and grant them very large concessions for their religion ? C. There is another of the king's intercepted letters to the queen commonly mentioned, where it is pre- 618 HISTORY OP ENGLAND. tended he talked of raising and then destroying Cromwell ; hut that story stands on no manner of foundation, as we have observed in a preceding note to this chapter. In a word, the Parliament, after the commencement of their violent-es, and still more after beginning the civil war, had reason for their scruples and jealousies, founded on the very nature of their situation, and on the general propensity of the human mind, not on any fault of the king's character, who was candid, sincere, upright, as much as any man whom we met with in history. Perhaps it would be difBcult to hud another character so unexceptionable in this particular. As to the other circumstances of Charles's character chiefly exclaimed against — namely, his arbitrary principles in government — one may venture to assert that the greatest enemies of this prince will not find, In the long line of his predeces- sors, from the conquest to his time, any one king, except perhaps his father, whose administration was not more arbitrary and less legal, or whose conduct could have been recommended to him by the pojaular part^' themselves, as a model, inthis particular, for his government. Nor is it sufficient to say tliat ex- ample and precedent can never authorize vices ; examples and precedents, uni- form and ancient, can surely fix the nature of any constitution and the limits of any form of government. There is, indeed, no other principle by which those landmarks or boundaries can be settled. What a paradox in human affairs that Henry ATCII. should have been almost adored in hid lifetime, and his memory be respected ; while Charles 1. should, by the same people, at no greater distance than a century, have been led to a public and ignominious execution, and his name be ever after pursued by falsehood and by obloquy ! Even at present an historian who, prompted by his courageous gen- erosity, should venture, though from the most authentic and undisputed facts, to vindicate the fame of that prince would be sure to meet with such treatment as would discourage even the boldest from so dangerous, however splendid, aa enterprise. NOTE [HH] p. 504. The following instance of extravagance is given by Walker in his History of Independency, part ii. p. 152. About this time there came six soldiers into the parish church of Walton-upon-Thames near twilight ; Mr. Faucet, the preacher there, not having till then ended his sermon. One of the soldiers had a lantern in his hand and a candle burning in it, and in the other hand four candles not lighted. He desired the parishioners to stay awliile, saying he had a message from God unto them, and thereupon offered to go into the pulpit. But the people refusing to give him leave so to do, or to stay in the church, he went into the churchyard, and there told them that he had a vision wherein he had received a command from God to deliver his will unto them, which he was to deliver and they to receive upon pain of damnation ; consisting of five lights. 1. '* That the Sabbath was abolished as unnecessary, Jewish, and merely ceremonial. 'And here,' quoth he, ' 1 should put out the first light, but the wind is so high I cannot kindle it.' 2. That tithes are abolished as Jewish and ceremonial, a great burden to the saints of God, and a discouragement of industrv and tillage * And here 1 should put out my second light,' etc. 3. That ministers are abolished as anti- christian, and of no longer use; now Christ himself descends into the hearts of his saints and his Spirit enlighteneth Ihem with revelations and in sni rations. And here I should put out my third light,' etc. 4. Magistrates are abolished aa useless, now tbat Chnst himself is in purity among us, and hath erected the kingdom of the saintsupon earth. Besides, they are tyrants and oppressors of the liberty of the saints, and tie them to laws and ordinances, mere human inven- tions. ' And here I should put out my fourth light,' etc. 5. Then, putting his hand into his pocket and pulling out a little Bible, he showed it open to the peo- ple, saying, * Here is a book you have in great veneration, consisting of two parts — the Old and New Testament. I must tell you it is abolished ; it containeth beggarly rudiments, milk for babes ; but now Christ is in glory among us, and imparts a further measure of his Spirit to his saints than this can afford, I am commanded to burn it before your face.' Then putting out the candle, he said, 'And here my fifth light is extinguished.' " It became a pretty common doctrine at that time that it was unworthy of a Christian man to pay rent to his fellow- creatures ; and landlords were obliged to use all the penalties of law against their tenants whose conscience was scrupulous. NOTE [II], p. 534. When the Earl of Derby was alive, be had been summoned by Treton to sur- render the Isle of Man, and he returned this spirited andjnemorable answer ; *'I NOTES. 619 reoeived your letter with indignation, and with scorn return you this answer, that I cannot but wonder whence you should gather any hopes that 1 should prove, like you, treacherous to my sovereign ; since you cannot be ignorant of my former actions in his )ate majesty's service, from which principles of loyalty I am no whit departed. I scorn your proffers, I disdain your favor, 1 abhor your trea- son, and am so far from delivering up this island to your advantage that I shall keep it to the utmost of my power to your destruction. Take this for your final answer, and forbear any further solicitations ; for if you trouble me with any more messages of this nature, I will burn the paper and hang up the bearer. This is the immutable resolution, and shall be the undoubted practice, of him who accounts it his chiefest glory to be his majesty's most loyal and obedient subject. — Derby." NOTE [KK], p. 536. It had been a usual policy of the Presbyterian ecclesiastics to settle a chap- lain in the great families, who acted as a spy upon his master, and gave them intelligenee of the most private transactions and discourses of the family— a single instance of priestly tyranny and the subjection of the nobility ! They even obliged the servants to give intelligence against their masters.— Whitlocke, p. 502. The same author, p. 512, tells tlie following story ; "The synod meeting at Perth, and citing the ministers and people, who had expressed a dislike of llieir heavenly government, the men being out of the way, their wives resolved to answer for them. And, on the day of appearance, one hundred and twenty women, with good clubs in their hands, came and besieged the church, where the reverend minister sat. They sent one of their immber to treat with the females ; and he threatening excommunication, they basted him for his labor, kept him prisoner, and sent a party of sixty, who routed the rest of the clergy, bruised their bodies sorely, and took all their baggage and twelve horses. One of the ministers, after amile's running, taking all creatures for his foes, meeting with a soldier, fell on his knees, who, Knowing nothing of the matter, asked the biackcoat what he meant? The female conquerors, having laid hold on the synod clerk, beat him tillhe forswore his office. Thii-teen ministers rallied about four miles from the place, and voted that this village should never more have a sjHiod in it, but be accursed ; and that though in the year 1638 and 1639 the godly women were- cried up for stoning the bishops, yet now the whole sex should be esteemed wicked." NOTE [LL], p. 578. About this time an accident had almost robbed the protector of his life and saved his enemies the trouble of all their machinations. Having got six fine Friesland coach-horses as a present from the Count of Oldenburg, he undertook, for his amusement, to drive thera about Hyde Park ; hi_s secretary, Thurloe, being in the coach. The horses were startled and ran away ; he was unable to command them or keep the box. He fell upon llie pole, was dragged upon the ground for some time : a pistol, which he carried in his pocket, went otf _; and, by that singular good fortune which ever attended him, he was taken up without any considerable liurt or bruise. fyt/.'-f.''/:/''..^^-:. !y -■ »/M/.,/ /'"„'"//■"■ '„y,i